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UNITED STATES OF AMERICA. 



BARDEEN'S COMMON SCHOOL LAW. 



TESTIMONY TO FORMER EDITIONS. 



I. IT SUPPLIES A SPECIAL NEED. 

H. R. Sanpord, A.m., State Instructor of Teacfiers'' Institutes /—It cannot be 
called the best, because there is nothing with which to compare it. It is 
simply invaluable to every teacher. 

S. D. WiLBUK, School (7o7??mmM>?zer.*— It fully supplies one of the greatest 
necessities ever experienced by teachers in the rural schools. 

Isaac Yan Yalkenburg, A^c^oo^ Commissioner :— Your "Common School 
Law" is just the thing. It gives in a nutshell what we often search over 
many pages of the "Code of Public Instruction '' to ascertain. No teacher 
should be without a copy of it. 

C. Warken Hamilton, ScJiool Commissioner:—! find that many of the 
teachers of this county have provided themselves with a copy of your 
"Common School Law." They say that it is to them a most valuable 
guide, and that as a book of reference on school matters it has no equal. 
As a commissioner, I keep a copy within easy reach. 

National Teachers' Monthly :— It is already adopted as a text-book in 
many schools, and fully supplies a great necessity. 

BuFTALo School Journal .—We do not remember to have seen any book 
like it ; and do not now see how any teacher or school officer can afford to 
do without a copy of this little book. Questions growing out of the work- 
ing of the school system are classified, and answered by reference to cases 
and decisions. The author has indeed performed a good but laborious work 
for the public. 

Drtden Herald :— Undoubtedly the best treatise published on the rela- 
tions of teacher to the pupil, the parent, and the district. It is exhaustive 
in every particular, and contains all that a teacher needs to know in regard 
to his rights and duties. 

London Schoolmaster :— "Common School Law for Common School 
Teachers " is the title of a legal treatise well known in the United States to 
all whom it concerns. It would seem that a similar work, treating of the 
legal rights, duties, and status of English schoolmasters is much needed 



n. EVERY TEACHER SHOULD HAYE IT. 

From its firet publication, this book has been used as a text-book in all 
the State Normal Schools of New York, copies being ordered of each suc- 
cessive edition for the text-book libraries. But on April 2, 1879, Prof. A. N. 
HusTED, ofihe State Normal School at Albany, wrote :— "We think that eyery 
member of our graduating class should own a copy of your Common School 
Law. The class numbers forty-five, but some have already purchased. For 
what will you furnish the books if we take twenty-five or more ? " 

And when Pi^esident E. P. Waterbury took charge of that school, he ex- 
pressed the same -vsish, as follows :— -" I think of recommending all gradu- 
ates to procure your little volume on School Law. What are the most 
favorable terms you can give in quantity, say fifty? " 

Eclectic Teacher :— This book .... should find a place in every 
teacher's library. It is of special value to all who desire to become posted 
with reference to progress of the several State systems. 

Western Advertiser, London, Ontario :—T\As is avery neat and com- 
prehensive digest of the principles of school law. It might be read with 
profit by any teacher, particularly the chapters on school government and 
discipline ; it ought to be studied by every teacher in the Union, and it is 
indispensable to a State of New York teacher. 

Michigan Teacher :— Should be considered a necessary part of peda- 
gogic equipment. The treatise'is small, but sufficient and safe. 

Ticonderoga Sentinel :— No teacher is fully equipped without it. 

Normal Teacher:— The author recognizes that among the teacher's 
first acquirements should be an accurate knowledge of his legal rights. No 
teacher can spend fifty cents to better advantage than in procuring a copy 
of this book. 

Barnes' Educational Monthly :— This unpretending volume contains 
more matter than many of five times its size. It should be in the hands of 
every teacher in the United States. 

III. IT ENABLES THE TEACHER TO DEFEND HIS RIGHTS. 

Ohio Educational Monthly :— The title of this book suggests its useful- 
ness. Mr. Bardeen has done his work well. School questions are in many 
districts constantly arising. In this book can be found answers to many 

such questions Occasionally, however, the teacher is not at 

fault, and he must defend his rights. This book will show what they are. 

New York School Journal :— We think this is a valuable book, for the 
teacher should know his rights and duties before the law .... Such 
a volume will be found useful to every teacher, giving instruction on points 
that but tew understand. 

Charles N. Hoffman, Ransomville, N. Y. :—l received a copy of the 
School Law last fall. I find it very useful in conducting my school this 
winter, as I posted myself on all the points of law contained therein. School 
teachers ai-e too generally ignorant of their rights under the law. I have 
had some trouble in school, but have been certain of my position, and have 
nvariably come out all right. 



TV. IT IS NEEDED ALSO BY SCHOOL OFFICERS. 

Hon. Andrew D. White, LL.D., while President of Cornell TIniversity : — 
Accept my thanks for the list of questions on School Law which you were 
so kind as to prepare for our Examining Committee. They seemed to me in 
every respect excellent, and they led me to examine very carefully your 
little book on the general subject, which strikes me as admirably adapted to 
its pm^pose. Not only every teacher in the State, but every Member of the 
Legislature and every Supervisor and School Commissioner, should have 
one. 

Northern Christian Advocate ;— It is a valuable manual, valuable not 
merely to teachers, but to school officers, and all who have any need of ac- 
quaintance with school law. It is a small book of only about 150 pages,— an 
Illustration of the maxim : Miiltum inparw. 

Literary Notes :— The book is one of the first in value to the profes- 
sional teacher and to the school officer. 

Y. IT IS APPLICABLE ALL OVER THE UNITED STATES. 

New England Journal op Education :— This manual, although edited 
by an able teacher of New York with reference to the laws of that State, is 
also well fitted in the exposition of principles of school legislation to any 
State in the L^nion, and its references to cases cover the judicial decisions 
of the several States. 

Fairfield (Me.) Chronicle :— Although prepared for New York, the 
general principles laid down and illustrated are applicable in every State in 
the Union. 

Maryland School Journal ;— Though wi'itten from the standpoint of a 
New Yorker, the general principles laid down are as applicable in Maryland 
and Pennsylvania as in New York and Massachusetts. The value of the 
book is greatly enhanced by references to legal decisions. 



COMMON SCHOOL LAW. 



A Digest of the Provisions of Common and Statute 
Law as to 



THE EELATIOl^S OF THE TEACHER 



-to- 



THE PUPIL, THE PARENT, AND THE DISTRICT. 



WITH FIVE HUNDEED EEPERENCES 



TO LEGAL DECISIONS IN TWENTY-EIGHT DIFFERENT STATES. 



FOURTEENTH EDITION, ENTIRELY RE-WRITTEN, 

WITH REFERENCES TO THE NEW YORK CODE OF PUBLIC INSTRUCTION, EDI- 
TION OF 1888. 



By C. W. BARDEEIS", 
fi 

EDITOR OF THE SCHOOL BULLETIN. 





MAC 5 




SYRACUSE, N. Y. : 
C. W. BARDEEN, PUBLISHER, 

1888. 



Copyright, 1875, 1876, 1878, 1888, by C. W. Bardeen. 



BY THE SAME AUTHOR. 



Some Facts About Our Public Schools. An argument for the Town- 
ship System. A paper read before the New York State Associacion of 
School Officers at Utica, February 20, 1878. Svo, paper, pp . 32 $ .25 

Educational Journalism . A paper read before the New York State 
Teachers' Association at Saratoga Springs, July 7, 1881 . 8vo, paper, 
pp. 30 25 

The Teacher's Commercial Value. A paper read before the New 
York State Teachers' Association at Saratoga Springs, July 9, 1885. 
Svo, paper, pp. 20 25 

Teaching as a Busimssfor Men. A paper read before the National 
Educational Association at Saratoga Springs, July 17, 1885. 8vo, paper, 
pp.20 25 

Boderick Hume. The story of a New York Teacher. 16mo, cloth, 
pp. 295. 1878 1.25 

Verbal Pitfalls. A manual of 1500 misused words. 16mo, cloth, 
pp. 295. 1883 75 

A System of Ehetoric. 12mo. cloth, pp. 813. 1884 1 .75 

A Shorter Course in Ehetoric. 12mo, cloth, pp. 316. 1885 1,00 

Outlines of Sentence- MaUng : a brief Course in Composition . 12mo, 
cloth, pp^. 187. 1884 60 

Question Book of Stimulants and Narcotics, prepared in accordance 
with the effort to promote the cause of Temperance, through instruc- 
tion in the Public Schools . 16mo, paper, pp. 40. 1884 10 

B7ief Geography of Onondaga County, for Public Schools. 24mo, 
paper, pp. 40, \Nath Separate Map . 1879 25 

The School Bulletin Year BooJcfm^ 1879. An Educational Directory 
.of the State of New York. 8vo, paper, pp. 20. 1879 25 

The School Bulletin Year Book for 1880 . An Educational Directory 
of the State of New York. 8vo, paper, pp. 40. and colored map . 1880. . 1.00 

The 250 Eegents'' Schools of the State of New York, with names of 
the Principals, and Relative Rank in the Apportionments of the past 
six years. 24mo, paper, pp. 24. 1881 25 

School Bulletin Year Book for 1885, giving sketches of the City 
Superintendents and the County Commissioners, and a list of the Princi- 
pals of Village Schools and Academies. 16mo, cloth, pp. 160. 1885 1.00 

Catalogue of Books on Teaching. A Contribution to Educational 
Bibliography. 8vo, pp. 38, with various Supplements. 1881-1888 25 



PREFACE TO THE FIRST EDITION. 



Some years ago, while principal of a union school in this State, 
the author petitioned the Board of Education to reduce the school- 
year from forty -two weeks to forty, and thus close the term by 
the fourth of July. His arguments were courteously received, 
and might have prevailed, had not the following consideration 
been suggested. The expenses of the year had been heavy and it 
was desirable to secure as large an appropriation as possible 
from the State; as this tcould be proportional to the num- 
ber of weeks taught, it was deemed unadvisable to reduce the 
length of the school-year. And the school completed forty- two 
weeks. Since the Code of Public Instruction plainly states (1864, 
555, 3, III; g 7, 55) that the apportionment shall be based, not 
upon the aggregate but upon the average daily attendance, and 
since after the fourth of July the average daily attendance de- 
creased nearly one-fourth, thus considerably reducing the amount 
received for the year from the State, the ignorance of School 
Law displayed alike b}^ teacher and by board was shameful. Yet 
the same error with the same result was committed last year in 
another and the largest school of the same county. 

This little treatise is not intended to be profound or exhaustive. 
It aims to present simply, clearly and accurately those features of 
common and statute law which are most important to teachers. 
Where the law is definite, full references are given. Where de- 
cisions vary, as in regard to the right of parents to control the 
studies of their children, views upon both sides are presented. 
In regard to matters left by law to the judgment of the teacher, 
the author has given expression to what he deems the most gen- 
eral and reasonable opinions. 

Thanks are due to the New York State Department of Public 
Instruction for many courtesies rendered, including free access to 
official records; and to the Superintendents of many States for 
copies of their school- laws and other favors. 

If this little book helps faithful teachers to know what the law 
requires and permits, it will accomplish its mission. 

Syracuse, Aug. 28, 1875. 

(iii) 



PREFACE TO THE SECOND EDITION 



The first edition of this work has been so readily exhausted and 
so favorably received that the author has felt it undesirable to 
change it essentially. The general amendment to the school-law, 
interesting a year ago when it had just passed, is now omitted, 
the single change which it made in the law affecting teachers 
being incorporated in the text. The written questions given at 
the first examinations for State Certificates are added. The pre- 
vailing law in regard to the power of trustees to enforce atten- 
dance at school is illustrated at some length. No error of state- 
ment has been discovered by the author, except in regard to the 
allowance to teachers of wages for time spent at teachers' insti- 
tute. Later decisions of the State Superintendent than any then 
recorded make it obligatory upon the trustees, instead of optional; 
and the correction has been made accordingly. No other material 
alterations have been made in the matter. In the form, larger 
type and a more open page have been substituted, without mak- 
ing the book less convenient for the pocket. 

The author trusts that the favor which greeted the first editioa 
will welcome the second. 
Syracuse, June 7, 1876. 

(iv) 



PREFACE TO THE FOURTH EDITION 



Among the teacher's first requirements should be an accurate 
knowledge of his legal duties and of his legal rights. Unfortu- 
nately, he is usually satisfied to follow local traditions, and he 
often learns only by suffering the legal penalty of ignorance that 
there are established principles of law affecting all his official re- 
lations. To be successful, he must confidently ''go ahead," but 
to be sure he is right, he must know the exact bounds of his legal 
authority. 

These bounds are defined partly by statute law and partly by 
decisions at common law. Statute law concerns itself mainly 
with the details of taxation, organization, and supervision. It 
usually refers only in general terms to the work of the teacher, 
^nd leaves to common law the discussions of his relations to the 
pupil and the parent. Hence while the laws of the different 
States are wholly unlike in their provisions for the support and 
supervision of public schools, they are nearly uniform as to the 
rights and the duties of the teacher. The general rules laid down 
in this little treatise are as applicable in California or in Louisiana 
as in New York or Massachusetts. Where there are differences 
of detail, the system of New York is followed, with references to 
the more striking divergencies in other States. The author's con- 
stant aim in this revision has been to make the book valuable to 
€very teacher and school-officer in the United States. 

Since the first edition of this work was issued, three years ago, 
the author has been in frequent correspondence with lawyers and 
school-officers, and he gratefully acknowledges the assistance cor- 
dially rendered, especially in the way of full reports of important 
trials. He is indebted to nearly all the State Superintendents for 
the latest editions of the school-laws of the various States, and to 
many of them for private information as to recent decisions. He 

(V) 



VI PREFACE TO THE FOURTH EDITION. 

has read with interest the series of articles upon schooMaw now 
appearing in the Educational Weekly, and has frequently cited the 
" Kentucky School Lawyer/' recently issued as an appendix 
to his report for 1878, by State Superintendent Henderson, of 
Kentucky. 

The frequent references in these pages are to authorities named 
on pages 89-93. A full index is given at the close of the book. 

Trusting that this enlarged edition will succeed to the favor 
which greeted its predecessors, the author dedicates it to teachers 
who seek to know their rights and, knowing, dare maintain them. 

Syracuse, September 2, 1878. 



PREFACE TO FOURTEENTH EDITION. 



It is ten years since entirely new plates have been made for this 
T^ook, the changes in the law being Indicated in successive editions 
by multitudinous patchings and growing appendices. The pres- 
ent edition has been entirely re- written, and is believed to give 
not only every change in statute law but every legal decision of 
moment on the topics treated. By the courtesy of the State 
Superintendent, I have had the use of a proof copy of the New Code 
of Public Instruction, not yet issued but soon to be distributed 
among all the districts of the State of 'New York, and I have given 
references to that book b}^ page whenever practicable. 

I had hoped to be able to incorporate in this edition a change of 
the law compelling uniform examinations for Commissioners' 
■Certificates ; but this measure, which passed both houses of the 
Legislature, last winter, was vetoed by the Governor, and is not 
likely to be brought up at the present session. As four-fifths of 
the Commissioners of the State have pledged themselves to adopt 
the system voluntarily, however, it seems desirable to give here 
an outline of the plan prepared by the State Superintendent and 
now in general use. It takes the place of the system explained on 
pages 21-23. As the system is voluntary, and as new Commis- 
sioners who try it have the right to withdraw from it at any time, 
ive cannot publish it as part of the law of the State, but its provi- 
sions should be clearly understood. 

In the first place, all examinations are held on given dates and 
on questions prepared by the Department and sent sealed to the 
Commissioners, after the manner of those for Regents' examina- 
tions. The subjects are as follows : 



.1 




1st Grade. 






^ 








1 


2d Grad( 

A 


3 

i 








1 


3d Grade. 




bo 

a 


Arithmetic, 
Composition, 


Geography, 

Grammar, 

Orthography, 

Penmanship, 

Physiology 

and Hygiene. 


American 

History, 
Civil Gov't, 


Current 

Topics, 


1 


o 
to 


Book keeping, 
Physics, 


Methods, 
School Lav/. 



(vii; 



Till PREFACE TO FOURTEENTH EDITIONS'. 

Third grade certificates are good for six months, and cannot be 
issued more than twice to the same person. Second grade certifi- 
cates are good for two years, and can be renewed only upon re- 
examination. First grades are good for four years, and may be 
renewed without re examination. Only certificates granted under 
this system may be endorsed by Commissioners in other districts. 
All papers of candidates must be kept on file, subject to the order 
of the Department. 

Temporary certificates for six weeks may be granted without 
examination, All certificates and blanks are furnished by the 
Department. 

The general adoption of this system marks a new era in the 
licensing of teachers in the State of New York, and the results 
of this experiment will be watched with interest. It may be 
added that the decisions of the State Department under the pres- 
ent administration show a marked change of tone from those of 
the past decade, in favor of the teacher — a change well shown by 
the comparison of the St. Johnsville decision of 1885 (see p. 53), 
with a letter of the present Superintendent to a parent in the 
same village (p. 54). 

Syracuse, Jan. 30, 1888. C. W. Bardeen. 



LIST OF AUTHORITIES CONSULTED 



I. GENEEAL COMPILATIONS. 

1. Walsh, McN. The Lawyer in the School Eoom; comprising the Laws 
of all the States on important Educational Subjects. Carefully compiled, 
arranged, cited, and explained, 12mo, pp. 161. New York, 1867. 

[This book is out of print and rarely found ; but it is a reprint of 
articles published in Vols. II. in. of the American Educational Monthly^ 1865- 
'66, which are more often met with.] 

2. Burke, Finley. A Treatise on the Law of Public Schools. 12mo., pp. 
154; New York, 1880. $1.00. 

8. The Power and Authority of School Officers and Teachers in the 
Management and Government of Public Schools, and Over the Pupils Out of 
School, as Determined by the Courts of the Several States. By a Member of 
the Massachusetts Bar. 16mo., pp. 181; New York, 1885. 75 cts. 

4. Legal R'ovisions Kespecting the Examination and Licensing of Teach- 
ers. Circular of Information, No. 1, 1883, of the Bureau of Education. 8vo., 
pp. 46. Washington, 1883. 

5. S3IITH, Lynden A. Recent School Law Decisions, Circular of Infor- 
mation, No. 4, 1883, of the Bureau of Education. 8vo.,'pp. 82. Washington, 

1883 

II. COMPILATIONS BY STATES. 

6. California. School Law of California, and Rules and Regulations of 
the State Boards of Education and Examination. List of Library Books, 
Course of Study for Public Schools, Constitution of the United States and of 
California, etc. Published by the Department of Public Instruction for the 
use of schools. 8vo., pp.' 151. Sacramento, 1876. 

7. Colorado. Colorado School Laws, 1876, pp. 64, with Instructions by 
the Superintendent of Public Instruction. 8vo., pp. 64. Denver, 1876. 

8. The School Laws of the State of Colorado, with Notes and Forms for 

School Officers, together with extract of the law concerning School Lands, 
and a review of the laws pertaining to the Agricultural College and State 
University. 8vo , pp. 79. Jos. C. Shattuck, Sup't of Public Instruction. 
Denver, 1876. 

9. Illinois. The Illinois School Law : An act to establish and maintain 
a system of Free Schools, approved April 1, 1872. Including the latest 
amendments, 1872-1874. 8vo., pp. 66. Springfield, 1874. 

(ix) ::: ■ 



X COMMONS" SCHOOL LAW. 

10. School Laws and Common School Decisions of the State of Illinois. 

Prepared and arranged by Newman Bateman, LL.D. Revised by William 
L. PiLLSBURY, A.M., eight years Assistant of Superintendent of Public In- 
struction. 8vo., pp. 269. Springfield, 1887. $1.50: 

11. Indiana. School Laws of Indiana,as amended in 1865,18G7,1869,and 1873, 
mth Opinions, Instructions, and Judicial Decisions relating to Common 
Schools and the Officers thereof , prepared by the Superintendent of Public 
Instruction. 8vo., pp. 124. Indianapolis, 1873. 

12. School Laws of Indiana,as amended to March 15,1877, with Opinions, 

Instructions, and Judicial Decisions relating to the Common Schools and the 
Officers thereof, prepared by the Superintendent of Public Instruction. 8vo., 
pp. 151. Indianapolis, 1877. 

13. The School Law of Indiana; Edited by John Walker Holcombe, 

Sup't of Public Instruction. 8yo., pp. 118. Indianapolis, 1883. 

14. Iowa. School Laws of Iowa, from the Code of 1873, as amended by 
the Fifteenth General Assembly, with Forms, Notes, and Decisions, for the 
use and government of School Officers. Alonzo Abernethy, Sup't of Public 
Instruction. 8vo., pp. 108. Des Moines, 187'4. 

15. Kansas. School Laws of the State of Kansas, vdth Notes and Forms 
for School Officers, together with extract of Laws pertaining to State Insti- 
tutions, 1873. H. D. McCarthy, State Superintendent of Public Instruction. 
8vo., pp. 90. Topeka, 1873. 

16. Amendments to School Laws. Passed by the Kansas Legislature, 

session of 1874. Pp. 15. 

17. Kentucky. The Kentucky School-Lawyer. Appended to Common 
School Report for the year ending June 30, 1878. H. A. M. Henderson, 
Sup't of Public Instruction. 16mo., pp. 270. Frankfort, 1878. 

18. The Common School Laws of the State of Kentucky; Edited and pub- 
lished by the Superintendent of Public Instruction. 8vo. , pp. 64. Frankfort, 
1884. 

19. Maine. Laws of Maine relating to Public Schools, 1878. Compiled by 
the State Superintendent, and printed agreeably to a Resolve approved 
Feb. 19, 1878. 8vo., pp. 86. Augusta, 1878. 

20. Massachusetts. School Law, 1875, in 38th Annual Report of the 
Board of Education, together with 38th Annual Report of the Secretary of 
the Board. 8vo., pp. 218. Boston, 1875. 

21. School Law, 1887, in 50th Annual Report of the Board of Education, 

together with 50th Annual Report of the Secretary of the Board. Boston, 
1887. 

22. ^Michigan. System of Public Instruction and Primary School Law of 
Michigan, with explanatory notes, forms, regulations, and instructions ; a 
digest of decisions ; a detailed history of public instruction and the laws re- 
lating thereto ; the history of and laws relating to incorporated institutions 
of learning, &c., &c. Prepared by Francis W. Sherman, Sup't of Public In- 
struction. 12mo., pp. 640. Lansing, 1852. 



LIST OF AUTHORITIES CONSULTED. XI 

23. The School Laws of Michigan, with Notes and Forms, to which are 

added Designs for School-Houses, and Styles of Furniture. Published by 
authority. Oramel Hosfobd, Sup't of Public Instruction. 8vo., pp. 182. 
Lansing, 1869. 

24. The School Laws of Michigan, with Explanatory Notes. Also, Forms 

for Proceedings under the School Law, and Appendix. Published by author- 
ity. Daniel B. Briggs, Sup't of Public Listruction. 16mo., pp. 237. Lansing, 
1873. 

25. School Laws of Michigan, enacted and amended by the Legislatures 

of 1875 and 1877. Compiled at the office of the Superintendent of Public In- 
struction. 16mo., pp. 16. Lansing, 1877. 

26. The General School Laws of Michigan; with Forms for Proceedings. 

Compiled at the office of the Superintendent of Public Instruction, 1879. By 
authority. 8vo., pp. 84. Lansing, 1879. 

27. Minnesota. Laws of Minnesota relating to the Public Schools and 
the State Normal School. Prepared by the Superintendent of Public In- 
struction, with the advice and assistance of the Attorney-General. By order 
of the Legislature of 1881. 8vo., pp. 64^ St. Peter, 1881. 

28.- — Laws of Minnesota relating to the Public School System, including 
the State Normal Schools and the University of Minnesota. Prepared by 
the Superintendent of Public Instruction, with the advice and approval of 
the Attorney-General. 8vo., pp. 127. St. Paul, 1887. 

29. Mississippi. The Laws in relation to Free Public Schools in the State 
of Mississippi, being Chapter X YI of the Revised Code, 1880, as amended by 
Acts of 1886. Together with the Constitutional Provisions relating to Public 
Schools. Published for information of Superintendents and Teachers. 
8vo., pp. 35. Jackson, 1886. 

80. Missouri. School Laws of the State of Missouri, with Explanations, 
Decisions, and Forms for the use of School Officers. Published according to 
law by the Superintendent of Public Schools. 8vo., pp. 80. Jefferson City, 
1874. 

31. Nebraska. The School Laws of Nebraska, as amended, with Forms 
for the use of School Officers. Pubhshed by authority. 8vo., pp. 32. Lin- 
coln, 1874. 

32. The School Laws of Nebraska, as amended in 1875, with Forms for 

the use of School Officers. Published by authority. 8vo., pp. 102. Omaha, 
1875. 

33. New Jersey. School Law, with Notes, Blanks, and Forms for the 
use and government of School Officers, prepared by the State Superintend- 
ent of Public Instruction. Svc, pp. 92. Trenton, 1869. 

34. ^An act to establish a System of Public Instruction for the State of 

New Jersey, with the Free School Act and other Supplements, prepared in 
pursuance of law by the State Superintendent of Public Instruction, for the 
use and government of County, Town, and District School Officers. Svo., 
dp. 33. Trenton, 1871. 



xii coMMo:Nr school law. 

35. School Law, with Notes, Blanks,and Forms for the use and govern- 
ment of School Officers, prepared by the State Superintendent of Public In- 
struction. 8vo., pp. 112. Trenton, 1878. 

36. New York. Decisions of the Superintendent of Common Schools of 
the State of New York. Selected and arranged by John A. Dix, Sup't, 
together with the laws relating to Common Schools, and the Forms and 
Regulations prescribed for their Government. Pubhshed by authority of 
the Legislature. 8vo. , pp. 479. Albany, 1837. 

37. Statutes of the State of New York relating to Common Schools, 

including Title 11. of Chapter XV. Part I. of the Revised Statutes, and all 
acts subsequently passed connected with the subjects of the said title ; with 
Forms and Regulations respecting Proceedings under those Statutes. Pre- 
pared pursuant to the directions of the Legislature by the Superintendent of 
Common Schools. 8vo., pp. 216. Albany, 1841. 

38. Laws relating to Common Schools, with the Instructions of the 

Department concerning the duties of the various County, Town, and District 
Officers, and of the Inhabitants of the Districts. 8vo., pp. 48. Albany, 1844. 

39. Statutes of the State of New York relating to Common Schools, 

including Title II. of Chapter XY. Part I. of the Revised Statutes, as amended 
by the Act Chapter 480, Laws of 1847. With Forms and Regulations re- 
specting Proceedings under those Statutes. Prepared pursuant to the 
directions of the Legislature, by the Superintendent of Common Schools. 
8vo., pp. 216. Albany, 1847. 

40. Code of Public Instruction of the State of New York. Prepared 

and published by order of the Legislature, under the direction of the Super- 
intendent of Public Instruction. 8vo., pp. 492. Albany. 1856. 

41. Laws of New York relating to Common Schools, with Comments 

and Instructions, and a Digest of Decisions. Prepared by and under the 
direction of Victor M. Rice, Sup't of Public Instruction. 8yo., pp. 720. 
Albany, 1868. 

[This is known as the "Code of 1868," and a copy was deposited with 
every district in the State.] 

42. Laws of New York relating to Common Schools, with Comments 

and Instructions, and a Digest of Decisions Prepared under the super- 
vision of' Neil Gilmour, Sup't of Public Instruction, by Emerson W. Keyes, 
late Deputy Sup't of Public Instruction, Counsellor at Law. 8vo., pp. 843 
Albany, 1879. 

[This is known as the "Code of 1879," but was never distributed at the 
expense of the State. The Legislature twice voted an appropriation for 
this purpose, but the Governor vetoed both bills. The "Code of 1888 " is not 
yet published, the references and quotations in this volume having been 
taken from an advance copy kindly lent the author by the Superintendent 
of Public Instruction.] 

43. A Digest of the Common School System of the State of New York : 

together with forms, instructions, and decisions of the Superintendent, and 
al>stract of the various local provisions applicable to the several cities, «&c.. 



LIST OF AUTHOKITIES CONSULTED. xiii 

and a sketch of the origin, progress, and present condition of the systenu 
By S. S. Randall. General Deputy Sup't of Common Schools. 16mo., pp_ 
335. Albany, 1844. 

44. :The Common School System of the State of New York, comprising'' 

the several general laws relating to common schools, together with, full 
expositions, instructions, and forms for the use of the several school officers^ 
and inhabitants of districts, a complete digest of the decisions of the State 
Superintendent, and the several local provisions for the support of common 
schools in the cities and villages of the State. To which is prefixed a His- 
torical Sketcli of the Origin, Progi'ess, and Present Outlook of the System. 
Prepared in pursuance of an act of the Legislature, under the direction of 
Hon. Christopher Morgan, Sup't of Common Schools, by Sa^iuel S. Pan- 
DALL. Peputy Sup't Common Schools. 8vo., pp. 408. Troy, 1851. 

45. History of the Common School System of the State of New York, 

from its origin in 1795, to the present time. Including the various City and 
other Special Organizations, and the Religious Controversies of 1821, 1832, 
and 1840. By S. S. Randall, formerly General Deputy Sup't of Common 
Schools, and late Sup't of the Public Schools of the City of New York. 
8vo., pp. 477. New York, 1871. 

46.^ — The Law and Rules of Practice relating to Appeals to the State 
Superintendent of Public Instruction. 16mo., pp. 12. Albany, 1884. 

47. The University Manual; Second edition, 1872. 16mo., pp. 295. 

Albany, 1872. 

48. Laws of the State of New York and of the United States relating 

to Children: vnxh Notes and References. By Lewis L. Delafield. 8vo., pp. 
317. New York, 1876. 

49. North Carolina. The School Laws of North Carolina, prepared for 
Our Living and Qur Bead by Alex. McIver, Sup't of Public Instruction. 
8vo., pp. 14. Raleigh, 1873. 

50. Ohio. School Laws : An Act for the Reorganization and Maintenance 
of Common Schools. Passed May 5, 1873. 8vo., pp, 50. Columbus, 1873. 

51. Ohio School Laws, from Revised Statutes ; Part Second, Title HI. 

Passed by the 63d General Assembly, June 20, 1879, and to take effect Janu- 
ary 1, 1880 : with Notes, Opinions, Instructions, and Blank Forms, prepared 
by the State Commissioner of Common Schools. 8vo., pp. 194. Columbus, 
1879. 

52. Pennsylvania. The Common School Laws of the State of Pennsyl- 
vania, and Decisions o/ the Superintendent, VTith Expianations, Forms, etc 
Revised and arranged by J. P. Wickersham, Sup't of Common Schools. 
24mo., pp. 227. Harrisburg, 1873. 

53. The Common School Laws of Pennsylvania, and Decisions of the 

Superintendent, with Explanations, Forms, etc. Revised and arranged by 
E. E. HiGBEE, Sup't of Public Instruction. 24mo.,pp. 324. Harrisburg, 1882. 

54. The Common School Laws of Pennsylvania, and Decisions by th© 

Superintendent, with Explanations, Forms, &c. Revised and arranged by 
E. E. HiGBEE, Sup't of Public Instruction. 24mo., pp. 288. Harrisburg, 1885. 



XIV coMMo:Nr school law. 

55. Rhode Island. A School Manual, containing the School Laws of 
Rhode Island ; with Decisions, Remarks, and Forms, for the use of the 
School Officers of the State, 1873. Printed by order of the General Assem- 
bly. 16mo., pp. 284. Providence, 1873. 

56. The School Manual, containing the School Laws of Rhode Island ; 

with Decisions, Remarks, and Forms, for the use of School Officers. 1882. 
Prepared in accordance with a resolution of the General Assembly by 
Thomas B. Stockwell, Commissioner of Public Schools. 16mo., pp. 319. 
Providence, 1882. 

57. South Carolina. An Act to ammend an act entitled "An Act to es- 
tablish and maintain a System of Common Schools for the State of South 
Carolina," approved March 6, 1871. Prepared and published in pursuance 
of law under the direction of J. K. Jillson, State Sup't of Education. 8vo., 
pp. 36. Columbia, 1873. 

58. Tennessee. Circular Address of the State Superintendent of Public 
Instruction, together with Amendments to the Public School Law of Tenne- 
see, passed March 24, 1875. 8vo., pp. 14. Nashville, 1875. 

59. Vermont. School Laws, in force at the close of the session of the 
General Assembly, 1874, together with a digest of the Decisions of the Su- 
preme Court of Vermont, having reference to the Schools and School Laws 
of Vermont, and Forms for the use of School District Officers. Compiled 
under an act of the Legislature and appointment by the Governor, by Gil- 
bert A. Davis, of Reading. 8vo., pp. 226. Montpelier, 1875. 

60. Virginia. The School Law of Virginia ; (Codified.) Office Edition. 
8vo., pp. 43. Richmond, 1873. 

61. Wisconsin. Laws of Wisconsin relating to Common Schools, Normal 
Schools, and the State University. Prepared and published in pursuance of 
law under the direction of the Superintendent of Public Instruction. 8vo., 
pp. 240. Madison, 1873. 

62. Laws of Wisconsin relating to Common Schools, including Free 

High Schools ; also those relating to Normal Schools and the University. 
Compiled from the Revised Statutes of 1878, and the laws of 1879 and 1880, 
and published in pursuance of law, under the direction of William C. 
Whitford, State Sup't. 8vo., pp. 191. Madison, 1880. 



TOPICAL TABLE OF CONTENTS. 



Pakt I. THE TEACHER'S QUALIFICATION. 17-27 
Chap. I. GRANTING OF LICENSES, 17 

1. Necessity of a License, - 17 

2. How Licenses are Obtained, 19 

a Normal School Diplomas^ 19 

b State Certificates^ - - 20 

c State Licenses^ 20 

d City Certificates, - •- 20 

e Commissioners'' Certificates. ----- 21 

/ Regents^ Testamonials, 10 

(a) Moral Character. - - - - - - 21 

\/3) Learning (California standard), - - - 21 

(y) Ability to teach, - - - - - - 23 

3. When Licenses mat be Withheld, ----- 24 

a The Teacher may Appeal, 24, 27 

4. When Certtpicates mat be Annitlled, - - * - - 25 

a For Evidence against Moral Charaxiter, - - - 25 

h For Deficiemy in Learning or Ability, - - - - 25 

5. Appeals to the State Superintendent, - - - 27 

Part II. THE TEACHER'S CONTRACT - 28 47 

Chap. II. MAKING OP CONTRACT, - - - - - 28 

1. Prerequisites to Contract, 29 

a A Certificate, 29 

b Non-Relation to the Trustee, 29 

c The Right of Minors to Contract, - - - - - 31 

d The Right of Married Women to Contract^ • - - 31 

2. With Whom the Contract is Made, - - - - 31 

a Where there is One Trustee, 31 

b Where there are Three Trustees, - - - - 32 

c Where there are Two Trustees, - - - - 32 

d In Union School Districts, 32 

(XV) 



JCVl COMMOK SCHOOL LAW. 

3. The Contract must bb in Writing, - - - 32 

a Form of *' Memorandum of Hiring,^* - - - - 83 

Chap. III. CONDITIONS OF CONTRACT, - - - - 34 

1. Duration of Contract, • - ----- 34 

a ''During satisfaction,^' 34 

b Definite Periods, - - - 34 

c Holidays, ------- - - 35 

d Attendance at Institute, - - *- - - - 35 

2. Duties of the Teacher, - 36 

a To keep a Successful Sc/iool, ------ 36 

b To keep School open Evei^y Day, - - - - 36 

c To Instruct all Pupils admitted, . .... 37 

d To fill out the Sclwol Register, 37 

e To do Janitor work only voluntarily, - - - 38 

3. Amount and Manner of Payment, - - - ,38 

a. How to Enforce Payment, 39 

Chap. IV. BREAKING OF CONTRACT, . . . - 40 

1 . For Closing School, • ■ - • - - - - 40 

2. For Annulment or Expiration of Certificate, - - 40 

3. For Incompetence or Immorality, 40 

a General Principles, 40 

b Usage in different States, - - - - - - - 41 

c Incompetence must be Marked, ----- 42 

d Immorality must be proved by Specific Charges, - - 42 

e Proper Method of Procedure, 42 

/ A Case in Bhode Island, - 43 

g A Case in Nevj York, 44 

4. The Teacher's defence against Injustice, - - - 46 

5. Recovery of Wages, --.----- 46 

6. Dajiages for Injustice, - 47 

Part III. THE TEACHER'S AUTHORITY - 48-97 

Chap. V. ABSENCE AND TARDINESS, - - - - 48 

1. The Hours of School, - - - 49 

a Usage in the United States, 49 

b Instruction in Outside Branches, 50 

c Regularity and Punctuality Compulsm'y, - • - 50 

(a:) Tardiness, - - - - - - - • 51 

(y^) Suspension for Absence, - - - - 52 

ly) Exercises Outside the School Building, - - 55 



TOPICAL TABLE OF COiTTENTS. XYll 

( d) Catholic Holidays, 55 

( €) The Jewish Sabbath, 55 

- ( C) -^ Caution. Opposing DeciBions, - - - 56 

Chap. VI. CONTROL OF THE CHILD'S STUDIES, - - 57 

1. usuaiiy attributed to the trustees, - - - - 57 

2. Should be exercised with Caution, - - - - 58 

The Wisconsin Decision, .58 

The Case, 58 

Opinions of Educational Men, 59 

Other Legal Decisions, - - - - - - -, - 60 

A Decision in New Yoi'k, 61 

3. The Modern Tendenct op Opinion, 63 

Chap. YU, THE BIBLE, AND RELIGIOLS EXERCISES, - 64 

1. The Law in New York, 64 

2. In Other States, -------- 66 

Chap. A^II. SUSPENSION AND EXPULSION, - - - 68 

1. What THE Teacher MAY Require, ----- 68 

a Janitor Work, 68 

b Pecuniary Fines, - - - 69 

c Keeping Tardy Pupils in tlie Entry, - - - - 69 

2. For what Pupils mat be Expelled, - - - - 69 

a The Teacher may Suspend, 69 

h The Trustees may Expel, - 70 

3. Expulsion is only from School, 72 

4. How TO Enforce Expulsion, 72 

5. How Long Should Suspension Continue? - - - 73 

a A New York Decision, 73 

b The Usual View, 74 

c A Pihode Island Decision, ------ 74 

6. No DA3IAGES for Expulsion in Good Faith, - - 75 
Chap. IX. THE TEACHER AND THE PARENT, - - 77 

1. Source of the Teacher's Authority, - - - • 77 

2. School-house the Master's Castle, 77 

' 3. On the Road to and from School, - - - • 78 

a In the Sclwol-room, Absolute, 79 

b On the Playground, Absolute, • -" - - - 79 

c On the Poad, Concurrent, 80 

d Punishm£nt inflicted only on School Premises, - - 83 

4. Detention after School, 84 



XVlll COMMON SCHOOL LAW. 

5. The Use OF Tobacco. -------- 34 

6 . Dignity of the Teacher's Office, - - - - - 85 
Chap. X. CORPORAL PLT^ISHMENT, 86 

1. The General Law, - - - - - - - - 86 

a Largely in the Judgment of the Teacher, - - - 87 

b Cause, Instrument, Extent, Temiier, ----- 87 

c No Unreasonable Violence, - . - - - - 87 

d In Moderation, 87 

« Must 7Je inflicted without Malice, 88 

2. Preferable to Expulsion, - - - - - - - 88 

3. Severity, - - - 90 

a TJie General Principle, 90 

b A Case in North Carolina, - - - - - 90 

c A Case in Illinois, - - - - - - • - - 91 

d A Case in Connecticut, - - 91 

e Two Cases in New York, - - 92 

C HAP. XL IN LOCO PARENTIS, - - - - - 94 

INDEX, - - 95-115 

APPENDIX. References to Code of 1888, - - - 116-118 
References to Illinois Decisions, - 119, 120 



COMMON SCHOOL LAW. 



PART I.-THE TEACHER'S QUALIFICATION, 



CHAPTER I. 

GRA^STTIiN'G OF LICENSES. 

1. N'ecessity of a License, — In most States of the 
Union no person can legally contract to teach in any 
public school unless he holds a certificate of qualifica- 
tion^ granted by an authority established for this pur- 
pose by statute (N, Y. ^ Minn, i Tenn. i Vt. i Ind. i Me. ^ 
Ill.i K H.i). 

It is not sufficient that this certificate be obtained after the con- 
tract is made, even if it be antedated, for *' a teacher's certificate 
must bear the same date as the examination, and cannot legally 
bear any other " (111. ^ But see Vt. s). 

The purpose of requiring a certificate is to be assured of the qualifications 
of the teacher in advance. He is not to practise on his pupils— keep one day- 
ahead of his classes, and thus by going to school to himself fit himself to 
stand the ordeal of an examination which he could not have stood at the 
beginning. Such a procedure is fraud upon the district (Ky.^ ), 

In Illinois, the certificate must be exhibited to the Directors 
before the contract is made (111.^- 2); in Massachusetts, a du- 
plicate certificate must be filed with the Selectmen before pay is 
drawn (Mass.^); in Tennessee, the Commissioners are indictable 
if they employ a person not holding a certificate (Tenn. ^). 

A teacher who keeps school without such certificate 
can draw no pay for his services (Me,^ iST. H. ^ Vt.^ 

(17) 



18 GRAKTIKG OF LICENSES. 

Ind.i Cal.^ N. Y.^); he cannot even teach without 
compensation (Ind. 2); he is liable to action for assault 
and battery if lie resorts to the slightest corporal pun- 
ishment. The teacher gets his authority from his cer- 
tificate (N. H.2). 

Horace Mann held, however, that in such a case the teacher 
could be effectively defended : 

On the other hand, some incline to the opinion that a teacher without a 
certificate, though not in law sl teacher, yet is so i?i fact; and, while the 
actual relation of teacher and pupil subsists, all the legal powers of a teach- 
er attach to this relation, and may therefore be exercised by them. If a 
school kept by a teacher without a certificate is not a public school, then it 
must be a private school; and the teacher of a private school has as clear a 
right to inflict punishment, in exigencies that require it, as any other teacher, 
or as any parent (Mass.^ ). 

The courts have taken this view (Yt. ^ N. H. ^). 

As to pupil teachers, Sup't Morrison wrote in Jan., 1886: 

The law does not contemplate that pupil teachers shall be employed in 
any of the schools of the State; but it does not prohibit one pupil from in- 
structing another. If any school is too large to be instructed by the teacher, 
the trustee should provide an additional teacher. Pupils might perhaps be 
allowed to instruct other pupils in case they are properly qualified; but this 
should not be allowed as a substitute for an adequate teaching force (N. Y.^ ) 

This is true though the proper authorities neglect 
or wantonly refuse to examine him (Me. ^'^ ). In New 
York^ it is true if a teacher's certificate be annulled, 
even though the annulment be plainly illegal, and an 
appeal be immediately taken to the State Department 
(N. Y. *). But in Wisconsin, if the certificate be anulled 
and the teacher appeals, he may, with the consent of 
the board, continue his school, and if his appeal is sus- 
tained all his rights are sustained (Wis. 1). 

It has been held that not even the superintending officer — the 
school commissioner or superintendent, for instance — can take 
the teacher's place and exercise his authority. Horace Mann, 
however, considered the school committee in higher authority: 



HOW LICENSES ARE OBTAINED. 19 

During the period of visitation ttie Committee have the entire control of 
the school. For the time being it is their school, and the teacher is their 
servant. They may decide what classes shall be called upon to perform ex- 
ercises, and in what studies. They may direct the teacher to conduct the 
examination, or may conduct it wholly themselves, or they may combine 
both methods. In fine they may dismiss the teacher for the hour, and pur- 
sue the examination in his absence. * * * Should any scholar misbehave 
himself, or prove refractory or contumacious to the Committee, while they 
are engaged in examining the school, it is presumed they have an authority 
to suspend, to expel, or to punish on the spot, in the same way that the 
teacher may do in case of like misconduct committed against himself. 
(Mass. • ). 

See in this connection Conn.^ Vt.^. 

2. How Licenses are Obtained. — No person can 
contract or draw pay as a teacher in the public schools 
of New York who is not legally qualified by holding an 
unexpired and unannulled certificate of one of these six 
kinds: 

a. A diploma from some one of the ten Normal Schools. 

h. A State Certificate, granted by the State Superintendent. 

c. A limited license, granted by the State Superintendent. 

d. A certificate, granted by a legally authorized Board of Ed- 
ucation. 

e. A certificate, granted by a County Commissioner. 

/. A testimonial from the Regents of the University, endorsed 
by the County Commissioner. 

Of the 31,325 teachers reported to the Superintendent in 1886, 1,260 were 
thus licensed by Normal Schools, 805 by the Superintendent, and 29,260 by 
local ofi&cers. 

The fact that a license was granted without examination does 
not invalidate it, provided it was obtained without fraud (Yt. ^). 

a. Normal School. Diplo7nas, — To enter any Normal 
School^ pupils must be sixteen years of age, of good 
health, good moral character, and average abilities; 
must be appointed by the State Superintendent upon 
recommendation of a County Commissioner or City 
Superintendent; and must pass a fair examination in 



20 GRA:N'TI]SrG OF LICEX8ES. 

readings spelling, geography, arithmetic as far as the 
roots, and the analysis and parsing of sentences. 

The shortest course occupies two years. Students may enter 
an advanced class, but must remain at least one year to receive a 
diploma. These schools are located at Albany, Oswego, Pots- 
dam, Brockport, Geneseo, Cortland, Fredonia, Buffalo, New 
Paltz, and Oneonta. A legal limit to the number of pupils re- 
ceived has been fixed, but has not yet been approached ; so that 
the schools are practically open to all who wish to fit themselves 
to become teachers. 

h. State Certificates, — State certificates may be 
granted by the State Superintendent only upon exami- 
nation. He determines the manner in which such ex« 
aminations are conducted, and designates the persons 
to conduct the same and report the result to him. Such 
examinations must be held at least once in each year, 
and due notice thereof given. 

The examination papers for such examinations as have thus 
far been held are published in book-form, and can be had from 
the publisher of this volume. 

c. State Licenses. — Temporary licenses to teach, lim- 
ited to any school-commissioner district or school dis- 
trict, and for a period not exceeding six months, may 
be granted by .the State Superintendent, '^'^ whenever, 
in his judgment, it may be necessary or exj)edient for 
him to do so^^ (16). This power is rarely exercised. 

d. City Certificates. — The special laws relating to the 
schools of several large cities expressly confer the 
power of examining their own teachers upon the Board 
of Education or the Suj^erintendent. In these cities 
such examination is a condition of contract, and must 
be submitted to even by those who hold diplomas or 
State certificates (411). 



HO^V LTOEXSES ARE OBTAIXED. ^1 

In Ohio, however, " the submission to a local examination, on 
the part of a holder of a State certificate, can be compelled onlj 
by special contract with the Board of Education employing such 
liolder " (O. ^). Of course, such examination qualifies the teacher 
only for the schools under direction of the Board of Education 
which conducts it. 

e. Commissioners' Certificates, — Certificates are grant- 
ed by School Commissioners to teachers within their 
•own districts. For this purpose announcements are 
made that upon a certain day and at a designated place 
in each town^, the Commissioners will be prepared to 
examine candidates. Further opportunities are granted 
:as the Commissioner is making his rounds of visits (36), 
and at institutes. 

The law does not fix the standard of examination, 
and usage varies most lamentably. But the comments 
of Superintendent Eice (30-37) and the decisions of the 
State Superintendent establish the practice substantially 
^s follows: 

The teacher is examined (a) as to his moral character; (/?) as 
to his learning; {y) as to his tact in instruction and management. 

{a) The candidate must present affirmative evidence 
■of good moral character (410). Certificates should not 
be granted to persons addicted to drunkenness (410), to 
the use of intoxicating liquors (410), or to profanity 
(N. Y.5). 

The refusal of a teacher to pay his just debts when able to do 
so, is dishonesty; dishonesty is immorality, and debars from a 
certificate (Wis, ^ ) . 

But the Commissioner must not consider the candidate's relig- 
ious or political opinions (30), or any feelings of personal dissatis- 
faction on the part of the patrons of the school (406). Compare p . 27. 

(/?) There is probably not a Commissioner in the 
State who withholds certificates from all whom he 



22 GRANTIKG OF LICENSES. 

knows to be insufficiently educated. Many attempt to 
create a demand for good teachers by cutting off the 
supply of those who are worthless, but cheap. Till 
such attempts are more universal and more vigorous, it 
will be farcical to quote these branches, set down by 
Superintendent Eice, as those upon which teachers must- 
show ^'^ minute, accurate and extensive knowledge:^^ 

I. Definition of Words. 2. Arithmetic. 3. Geography. 4, 
Use of Charts, Globes, and School Apparatus. 5. English Gram- 
mar. 6. United States, English, and Continental History. 7. 
Science of government, including a knowledge of the character 
and operation of our State and national governments (31). 

As an illustration of the requirements where a positive standard 
is fixed, we copy the following from the School Law of California, 
pp. 59, 60: 

The order of examination, standard credits, and studies required for 
each certificate shall be as follows; 

Fo?' Third Ch^ade County Certijicates, 80 per cent of the following: 

1. General Questions , 

2. Orthography 100 

3. Grammar 100 

4. Written Arithmetic 100 

5. Geography 50 

6. Reading (with oral exercises) 50 

7. Theory and Practice 50 

8. Defining (word analysis) 50 

9. Mental Arithmetic 50 

10. Oral Grammar 25— 575- 

For Second Ch^ade County Certificates, 80 per cent of the above, and alsa 
80 per cent of the following: 

II. History of the United States 50 

12. Composition 50 

13. Penmanship 25 -70a 

For First Grade County Certificates, 85 per cent of all the above, and also 
of the following: 

14. Algebra 50 

15. Natural Philosophy 50 

16. Physiology 50 

17. Natural History 50 



HOW lice:n-ses are obtai:n-ed, 23 

18. Constitution of the United States and of California. 25 

19. School Law of California 25 

20. , Industrial Drawing — 25 

21. Vocal Music 25—1000 

For Third, Second, and First Grade City and State Certificates, applicants 
must obtain respectively 75, 80, and 85 per cent on the entire list of 1000 
credits. 

Some New York Commissioners approach closely to this stan- 
dard of examiiiation, and applicants should be prepared to under- 
go this test. 

{r ) Certificates should be granted at first for a term 
not exceeding a year, and a second one should not be 
granted to one unsuccessful through ill-nature, petu- 
lance, or want of tact (31). 

Commissioners' certificates are of three grades. 

{a) Those of the third grade are temporary licenses, granted 
to novitiates and persons who, for lack of experience or ability, 
have need to acquire the knowledge and skill necessary for higher 
positions. They are usually for a period of a year, and may be 
limited to a particular school (X. Y. ^). 

{h) Those of the second grade, also for one year, are granted 
to those who have shown tact in instruction and management, but 
whose youth and limited education precludes their teaching the 
higher branches. 

{c) Those of the first grade are for three years, and are 
granted to those who have experience, skill, and acquaintance 
with the entire range of common-school studies. 

The qualification required of a candidate is to teach the elements of a 
plain English education. It is not unfrequently the case that a candidate 
may be thoroughly versed in certain branches, and yet be void of all apti- 
tude to impart instruction and draw out mind [sic']. The Board, in grading 
a certificate, should therefore address itself more to the teaching capacity 
of an applicant than to the amount of knowledge he may possess. The a7't 
of teaching being of so great importance, the examiners should value highly 
a habit of inquiry into the best modes of instruction. If the candidate has 
read and is familiar with the best treatises on pedagogics, and is a sub- 
scriber to a sehool journal, these facts should add at least twenty per cent 
to the merit of an examination, and also help to determine the class and 
grade of a certificate (Ky.^). 



24 GRANTIKG OF LICEISTSES. 

3. When Licenses may be AYithheld. — In this 
matter the law leaves much to the discretion of the li- 
censing officer^ but it does not permit him to refuse a 
license out of malice or ill-will. It has been decided 
that in such a case the teacher may recover damages at 
law; nor is he compelled in order io show malice on the 
part of the officer to prove personal malice or ill-will, 
for if the officer acted rashly, wickedly, or wantonly in 
refusing the license, the jury may find malice (111.^). 

It is obvious that a teacher might have the necessary literary acquire- 
ments and capacity to govern, and be a person of good moral character, and 
yet be an unfit person for the services required. A teacher might have per- 
sonal habits or manners so offensive as to make his influence upon the 
scholars injurious. He might be too severe in his reqirements, inclined to 
devote too much time to the older or better scholars, at the expense of the 
younger or more ignorant; a person of strong prejudices; a decided partisan 
and propagandist in politics or religion; unskilful in imparting knowledge, 
or unable to appreciate the difficulties of beginners; and still be a person of 
sound morals, great learning, and undoubted capacity to govern. Yet all 
these considerations might very properly be regarded in considering " his 
qualifications for teaching " (Mass.* ). 

The Teacfier may Appeal. — In New York, the proper 
appeal is to the State Superintendent. While such an 
appeal will always receive attention, it will find very 
little favor with the Department unless accompanied by 
conclusive evidence of the literary ability of the appli- 
•cant. The following extract from a decision of Super- 
intendent Van Dyck shows the kind of answer which 
the Department is frequently compelled to make to ap- 
j)eals of this kind: 

The appellant appeals to the law of evidence; he cannot com- 
plain if its true application leads to a conclusion opposed to his 
views and wishes. The controlling facts upon this question of 
competency are found in the papers and correspondence of the 
appellant himself. These, with no other evidence before me, 
would condemn him. His orthography is according to neither 



WHEX CERTIFICATES MAY BE AiS^XULLED. 25 

Webster nor Worcester, nor any other lexicographer of whom I 
have any knowledge, and his grammatical construction is after 
models found in no English grammar, except among the exam- 
ples of false syntax, of which his sentences afford some notable 
specimens. He must yet attend school, and give particular atten- 
tion to orthography and the" rules of the English language, before 
he will persuade this Department that the refusal of the Commis- 
sioner to grant him a certificate is founded upon anj^ but the 
most satisfactory reasons (N. Y. ^). 

4. When^ Certificates may be A:N'XULled. 

a. For Evidence against Moral Cliarader. — As cer- 
tificates of learning and ability to teach^ jSTormal School 
diplomas and State certificates cannot be annulled^, nor 
can the holder be subjected to further examination 
(N. Y. ^), except as a condition of contract^ as by city 
boards (411). 

But diplomas^ State certificates^ and county certifi- 
cates may be annulled by the Commissioner of the dis- 
trict upon satisfactory evidence against the moral 
character of the holder. 

Previous to such annulment, the teacher must be given reason- 
able notice [at least ten days (35)] and an opportunity to defend 
himself (K Y. 9). 

The charges must be direct and positive; if of an immoral 
habit, one or more instances must be specified. Though intem- 
perance is a sufficient charge (N". Y. ^^), the annulment may be 
withheld where there is fair hope of reform (IST. Y. ^ ^). A single 
profane expletive uttered out of school and under sudden provo- 
cation would not warrant annulment (IN". Y. ^2). 

The annulment of a commissioners certificate cannot 
be for moral delinquencies known at the time of issuing 
the certificate, where no subsequent bad conduct of the 
kind is known to have occurred {508), 

i. For Deficiency in Learning or AMlity. — Commis- 



26 GRAKTING OF LICENSES. 

sioners^ certificates may also be annulled by the Com- 
missioner of the district in which the holder is teaching 
for deficiency in learning or ability, and upon re-exam- 
ination {507). 

Thus, a Commissioner may annul a certificate given by him- 
self three months before (N. Y. ^ ^). 

Th^ annulment may be effected without notice, if de- 
termined upon at a personal visit (409), but only when 
the result of positive observation (408). 

It appears hardly proper that a highly successful teacher, long 
believed to be excellently qualified, should be forced to abandon 
her chosen profession in which she has advantageously labored 
twent}^ years on the strength of an opinion based on a fifteen 
minutes' observation of her school (N. Y. ^*). 

In his answer the commissioner sets up the inability of the teacher to 
conduct the school; but it would not seem that the commissioner had suffi- 
cient opportunity from his observation to determine the ability or inability 
of a teacher, to whom he had previously granted a certificate of qualification. 
If the commissioner depended upon his advice and information derived from 
others, it is only fair that the teacher should have an opportunity to be 
heard in his own behalf in meeting, and, if possible, refuting the charges 
touching his ability to conduct the school. The commissioner after dis- 
claiming any desire or intention to entertain or pass upon any charge affect- 
ing the moral character of the teacher, introduces a series of affidavits, di- 
rected to the proof of bad temper and inability to rule his own passions, 
want of self-control and partiality in the conduct of the school on the part 
of the teacher; and I must assume that it was upon testimony of this char- 
acter that the commissioner proceeded to annul the teacher's certificate for 
incompetency. It has been frequently held by this Department that when 
complaints against a teacher of this kind are made the teacher should have 
an opportunity to refute or answer the charges. The cause assigned for the 
annulment of the certificate is " incompetency." This is a very grave and 
serious finding, and should not be reached, as it embraces not merely the 
ability to teach but may also look to the moral character of the teacher and 
his learning, without a full and careful investigation on the part of the com- 
missioner, after notice to the teacher that such investigation would be had, 
giving him an opportunity in the presence of the commissioner to show his 
ability to teach, if that is called in question, and to refute any charges made 
by others and upon which the commissioner proposes to act. I look upon the 
action of the commissioner as a violation of Subdivision 6, Section 13, Title 



APPEALS TO THE STATE SUPERi:N^TEis^DEXT. 2 



^ i 



11, under which he assumed to act, as it cannot "be said, within the language 
and spirit of the statute, to have afforded a re-examination to the teacher^ 
—Decision Barry vs. Squires, Api^l 2, 1886. 

Inability to maintain order is sufficient cause, but 
specially adverse circumstances must receive considera- 
ation(¥. Y.15). 

Certificates may be anulled for unnecessary and cruel punish- 
ment, but not for choking or severe blows where resistence is 
encountered (409). But certificates cannot be annulled on ac- 
count of personal ill-will toward the teacher in the district (406, 
Wis. 2). Compare p. 21. 

5. Appeals to the State Supekii^texdekt. — In 
regard to this or other acts of school officers by which 
he feels himself aggrieved^ the teacher may appeal to 
the State Superintendent, whose decision is final 
(N. Y.16). 

It is a rule of the Department of Public Instruction that all 
acts and proceedings will be regarded as regular unless appealed 
from (293). The bringing of appeals for light and trifling causes 
will be discouraged (293). If vague or uncertain in statement or 
illegible and unintellible, appeals will be disregarded (294, 298, 
299). 

The Superintendent will not assume jurisdiction of cases in the 
nature of a prosecution for the recovery of a fine or penalty (293) ; 
nor will he undertake to settle disputes as to contracts and other 
matters involving money, where the issue depends upon the truth 
of diverse statements and should be settled by the courts (N.Y. ^ ^); 
or to enforce the payment of money where a decision has been 
rendered, which should be left to the regular legal authorities. 

But a teacher in the . State of New York, who promptly and 
clearly presents to the Department evidence of unjust treatment 
by an 3^ school officers in the discharge of his duties under the 
school law, may be assured that the case will be thoroughly and 
impartially investigated, and a decision rendered with no expense 
to him, from which no appeal can be taken to any court of law. 



PAST IL-THE TEACHER'S COFTRACT, 



CHAPTER II. 



MAKIKG OF CONTACT. 



In New York, school trustees exercise authority al- 
most unlimited. They must hire somebody for twenty- 
eight weeks, but they may disregard the unanimous 
vote of the district as to the time of opening or closing 
school (N. Y.18), the sex of the teacher (N. Y.i^), the 
wages paid (N. Y.^^), the conditions of the contract 
(N. Y. 3 1 ), and the individual selected (N". Y. ^ 2 Mass. s ). 

In Mississippi teachers are recommended by trustees, but em- 
ployed and paid by the county superintendent. The salaries paid 
from the State fund are fixed by law at $15 to $20 for 3d grade; 
$18 to $30 for 2d grade; and $25 to $55 for 1st grade. But this 
may be increased by local taxation. Principals of schools requir- 
ing one assistant must hold at least 2d grade license, and principals 
with two assistants must hold 1st grade (Miss. ^). 

" The argument that some teachers with second grade certificates teach 
better schools than others with first grades is not tenable " (Dak.^ ). 

The law punctiliously forbids a trustee to hire rela- 
tives within a given degree, but does not forbid him to 
hire himself (N, Y.23 Ind.^ But see 5^6, Wis.^ 
Ky.3). 

Until the law was changed in 1879, a trustee might 
make a contract with a teacher which his successor must 
faithfully fulfil (X. Y.^^), But now a sole trustee can- 

(28) 



PREREQUISITES TO COI^TRACT. 29 

not make a contract beyond the close of the school term 
which began dnring his term of office, except by ap- 
proval of a majority of the voters present and voting at 
a meeting; nor can three trustees make a contract for 
more than a year in advance (^^<^). 

The old law holds good in Michigan (Mich.^) and in Yermont 
(Vtl^). In Wisconsin, such a contract may be rejected by the 
district (Wis. 5). (See also K C.^ Mo.i). 

• 1. Prerequisites to Contract. — To enter into a 
legal contract to teach, the applicant must possess two 
qualifications — one positive and one negative. 

a. The applicant must hold a valid dij)loma, license, 
or certificate, as already stated (page 17). A teacher 
who enters school Avithout being legally qualified violates 
his contract, and the same is not renewed by his obtain- 
ing a certificate subsequently^ unless a new contract is 
made (410, 111. 4' 2, 5,6 ind.^'S Minn. 2 See Me. ^'^ 
N. H.i K Y.25 vt.5). 

In Massachusetts even private schools are subject to the ap- 
proval of the school committee, who must be satisfied that their 
efficiency is equal to that of the public school (Mass. ^). 

The district has no right to waive this requirement of 
law and consent to judgment. Any person interested 
as a taxpayer in the district may enjoin such judgment 
(N. H.i -, but see Me.^). 

This does not render invalid a contract of employ- 
ment entered into with a teacher before he obtains a cer- 
tificate^ provided he obtains it before he begins to teach. 

An Ohio court ruled : 

The law forbids the employment of a teacher who has not a certificate. 
The teacher is not employed within the meaning and intent of this provis- 
ion until he engages in the discharge of his duties as teacher. The mischief 
intended to be guarded against was the teaching of a school by an incom- 
petent person, and not the making of a contract by an incompetent person, 
(Ohio2 ). 



•30 maki:n"g of contract. 

State Superintendent Kuggles said in an address at Ballston, 

2^. Y.: 

But if a teacher bargains to teach without having a certificate, and, upon 
getting one, is allowed to begin his school, the bargain is made valid in 
every particular. 

It has even been held that the law is satisfied if the teacher 
obtains a contract on the evening of the first day of school (Yt. *). 

In Vermont if a person begins to teach without a certificate and con- 
tinues to teach after obtaining one, he is considered to have made a new 
-contract, beginning at the time when the certificate was obtained, and hav- 
ing the same terms as the one under which teaching was begun (Vt.'^ ). 

In Minnesota a person began teaching under a contract. He taught 
three weeks; then obtained a certificate and made a written contract to 
run three months from the time he began teaching. Held that he was en- 
titled to wages after certificate was obtained, but to no pay for the previous 
three weeks (Minn.^ ). 

In Illinois, a certifiate was not obtained till the middle of the term. A 
new contract was entered into at that time to pay the teacher double wages 
for the rest of the term. This was considered an attempt to do indirectly 
what there was no power to do directly; and therefore the contract was 
held void, as was also the contract (111."^ . See also III.2 111.^ m.s i)ut Vt.^ ). 

In Missouri it has been held that under a statute requiring the teacher 
to produce a license before employment, the spirit of the law was complied 
with if the commissioner did not renew an expired license in presence of the 
trustees, in writing, but declared the teacher competent and gave his sanc- 
tion to his going on with the school (Mo.^ ). 

i. The applicant must not be related to the trustee 
or to any one of three, as grandfather, father, son, 
grandson, brother; or as husband of grandmother, 
mother, daughter, granddaughter, or sister ; or as 
grandmother, mother, daughter, granddaughter, sis- 
ter ; or as wife of grandfather, father, son, grandson, 
or brother ; or as wife^s brother or sister (JST. Y. 2^); or 
as husband of the trustee^s wife^s sister, or as wife of 
the trustee^s wife^s brother {220, This is a later de- 
cision than N. Y. 2^). 

This prohibition cannot be evaded by the trustee's delegating- 
the hiring of teachers to his associates (N. Y. ^'^) or to the princi- 



WITH WHOM THE COKTEACT IS MADE. 31 

pal of the school (N. Y.^s). But it may be waived by tlie ap- 
proval of two-thirds of the voters at a district meeting (144). 
The prohibition does not apply to trustees of Union Schools 
(401). 

c. The Right of Minors to Contract, — As many 
teachers are under age^ the question sometimes arises 
whether a contract with a minor is legal (Wis. ^). Such 
a contract is binding upon the district but not upon the 
teacher, as a minor, who may decline to fulfil the con- 
tract, or having taught for a time may decline to teach 
longer (Wis.'^). 

The laxity of the law toward minors is intended for their ex- 
clusive benefit in protecting them from the frauds and deceptions 
which, owing to their weakness and inexperience, others of riper 
yeais might be enabled to practise upon them" (Wis.^). 

The teacher's wages must be paid to him, and not to 
his parent or guardian even though he is a minor (Ky. ^ 
Del.i Mass. '^'8. 9, 10 ia.i>3 Vt.^). 

d. The Right of Married Women to Contract. — At 
common law married women are disabled from making 
such contracts, but the right to make contracts and re- 
ceive wages is given them by statute in Colorado, Con- 
necticut, Dakota, Delaware, Iowa, Kansas, Maryland, 
Massachusetts, Minnesota, Mississippi, Missouri, Ne- 
braska, Nevada, New Hampshire, New Jersey, New 
York, Oregon, Vermont, Wyoming, and Wisconsin, 
and will doubtless soon become universal. 

3. With whom the Contract is made. — Every dis- 
trict in New York, not a union school district, has 
either one trustee, or three, or (temporarily) two. 

a. If there le hut One Trustee, it is only necessary 
that the contract be clearly understood and definitely 
expressed in writing. 



32 MAKING OF CONTRACT. 

b. If there he Three Trustees, the law explicitly re- 
quires that the contract be made by a majority; and at 
a meeting of which all three have been notified (IM, 
135, 397, 398, Penn.i 111. 9). 

The consent of the three trustees separately makes no contract 
(397). A contract made by two trustees in the absence of the 
third from the district may be annulled at any time by a majority 
of the three (400). But a contract may be made by two trustees 
when authorized by the third (N. Y.^^), or by one trustee when 
authorized to act as agent for the three (N. Y. ^ o). A contract 
made by two trustees without consulting the third may be ratified 
at a subsequent meeting (400) ; and a tacit concurrence of the 
third trustee (N. Y. 3^), or even by two trustees when the bargain 
is made with the third in good faith (398, 445, 2^7)^ ratifies a ful- 
filled contract. 

c. If there be Tioo Trustees, in the transition from 
three trustees to one, the contract should be made at a 
meeting of both. 

But when one gives to another due notice of a meeting which 
the other neglects to attend, a contract of the one with a teacher 
satisfactory to the inhabitants of the district may be approved 
(400). 

d. In Union School Districts the contract is usually 
made with the superintendent or the secretary, as agent 
for the board of education. 

3. The Contract must be in Writing. — At time 
of employment there must be delivered to the teacher 
a memorandum in writing, signed by the trustee or trus- 
tees or by some person duly authorized by the board of 
education, in which the details of the agreement be- 
tween the parties, and particularly (1) the length of 
the term of employment, (2) the amount of compensa- 
tion, and (3) the times of payment shall be clearly and 
definitely set forth. 



THE COKTRACT MUST BE IN WRITING. 33 

The form prescribed by the State Superintendent is as follows. 
Copies may be had of the publisher of this volume. 

MEMORANDUM OF HIRING. 

REQUIRED BY CHAPTER 335, LAWS OF 1887. 

rmsiS TO CUBTIFY, thsLt....hsLYe this day engaged 

(a duly licensed teacher) to teach the public school of district 

No — town of , county of , for the term of 

, commencing , at a compensa- 
tion of .dollars, payable* 

Dated 188.... 

y Trustee.. 



*Compensation must be made payable at least as often at the end of each 
calendar month of the term of employment. Chap. 335, Laws of 1887. 

Although the statue requires a written contract, a teacher who 
has taught and received pay for part of the time without one may 
collect his wages for the rest of the engagement (la. 3' "*) 

Where the law requires the contract to be in writing, it will be 
conclusively presumed, in the absence of fraud, accident or mis- 
take, that it contains the entire agreement of the parties as to the 
subject-matter covered by it (La. ^ Kan. i). 



CHAPTER in. 

CONDITIOKS OF CONTRACT. 

CoiSTRACTS should be specific upon three points: 

1. DuRATioi^. — This may be either conditional or 
definite. 

a. If hired ^'During the Satisfaction of the Dis- 
trict,'^ the teacher may be dismissed unless he can prove 
that satisfaction exists (N. Y.^s Kan.^ Vt. ^^). But 
if hired for one month, to continue if satisfactory, and 
not discharged at the end of the month, he cannot be 
discharged without other cause (404). 

Where the statute empowers the board of directors to employ 
teachers and remove them at pleasure, this enters as part of any 
contract made under it, and a teacher may be discharged not- 
withstanding the terms of his employment (Neb. ^ Mass. ^^' ^^; 
but see Mo. 3). 

5. Definite Periods, — Contracts may be made for a 
certain number of months, weeks, or days; though the 
Department recommends that it be by the week (141). 

The month is regarded as a calendar month; '* from a given day 
in one month to the same day in the following month " (N. Y. 
^3^402). This supplants that decision of the Department dated 
April 15th, 1854 (N. Y. ^4)^ which made twenty-four full days, 
exclusive of holidays, constitute the month. In Maine, four weeks 
of five and one-half days each constitute the month; in Arizona, 
Arkansas, California, Iowa, Kansas, Louisana, Michigan, Min- 
nesota, Missouri, Nevada, New Jersey, Ohio and perhaps other 

(34) 



DURATION. • 35 

States, four weeks of five school-days eacli constitute a month. 
In Pennsj^lvania, Illinois, and Kentucky twenty-two school-days 
make a legal month. 

c. Holidays. — Unless otherwise specified, the contract 
requires no school upon Saturday, Sunday, January 1st, 
February 22d, May 30th, July 4th, the first Monday in 
September (JST. Y,^^), December 25th, any general elec- 
tion day, or any day appointed or recommended by the 
<jrovernor or President for thanksgiving, fasting, prayer, 
or other religious observance (N. Y.^e, Mich.^). 

For these days no deduction from wages is to be made. But if 
the teacher keeps the school open on a holiday, he is not entitled 
to have such day's service counted in lieu of another day not a 
holiday, except by agreement with the trustees (402). 

d. Teachers^ Institute, — In allotting school money, 
1;he statute allows that a deficiency of not more than 
three weeks in the twenty-eight be excused when such 
deficiency was caused by the attendance of the teacher at 
a,n institute during his term; and decisions of the State 
Superintendent later than that of Superintendent Kice 
(402) require that wages for such time spent at an 
institute shall be paid to the ieacher by the trustees. 

Superintendent Draper announces, 1887: 

Teachers are entitled to pay for the week in which an institute 
is held in the district in which their school may be located, pro- 
vided the school is closed and the teacher is in actual attendance 
at the institute. They are entitled to pay for only such time as 
they are actually in attendance, as noted on their certificate. 

If the teachers attend the thirty exercises indicated as noted on 
the certificate during the week (including three for Monday fore- 
noon), they are entitled to full pay for the week, and in like pro- 
portion for a less number of exercises attended. 

Trustees are prohibited from paying any wages for institute 
iveek, unless the school is closed, and the teacher in actual atten- 



36 COKDITIONS OF COKTRACT. 

dance at the institute. Violation of this order will be cause for 
removal of trustee and annulment of teacher's license. 

Trustees are required by law to close the school in their dis- 
trict during the week in which an institute is held within the dis- 
trict or county in which the vSchool is located. District institutes 
include all schools within the commissioner's district (Compare 
Cal. 2). 

In Mississippi, a teacher who fails to attend the institute forfeits one 
day's pay (Miss.^ ), and in Dakota one who refuses to attend the institute may 
have his Hcense revoked (Dak.^ ), 

2. The Teacher's Duties. — To be entitled to the 
fulfilmeiit of the contract, the teacher must carry out 
these obligations: 

a. To Keep a Successful Scliooh — What is implied in 
this phrase has already been indicated. 

J. To Keep School Open every School-day, — Absence 
for a single day without consent of trustees annuls the 
contract (406), even though the consent of one of three 
trustees has been obtained (Is^. Y.^'^). 

Upon stormy days, when no pupils come during the first hour, 
the teacher may go home, but if a single pupil comes the teacher 
must devote to that pupil the whole six hours (Ky.^). 

A teacher voluntarily leaving before the close of the term, 
though at the request of the trustees, can recover wages only for 
time taught (403). 

In Vermont, a teacher who contracts to teach for a definite 
term and leaves the school without just cause cannot sustain an 
action for such services as were rendered (Vt.^^). 

A teacher finding the school-house locked against 

him^ and leaving without application to the trustees, 

abandons the contract (405). 

But a teacher abandoning his school because not sustained by 
the trustees in the enforcement of reasonable rules is entitled to 
wages for the lime taught (Vt.'^ Mo. ^, 405). 



THE TEACHER^S DUTIES. 37 

A teacher who was hired for three months had taught six weeks. The 
district became dissatisfied, only one or two scholars attended, the stove- 
legs and pipe were carried from the school-room, and the teacher had to 
close school. By request of the committee, he held himself ready to com- 
plete the term, but the committee did not put the building in order. He 
recovered wages for the full term (111.^ ). 

Of course where a teacher is kept from rendering services by 
the burning of the school-house, but is ready to teach whenever a 
place is provided, he can recover full wages (Yt. ^^). So where 
school is closed on account of contagious diseases (Mich. s). 

When school is closed on account of contagious or other sickness, the 
teacher continuing ready to perform his contract, he can recover full pay. 
The misfortune of the district cannot be visited upon the teacher. (A^. W, 
Reporter, v. 5, 641.) 

c. To Instriict all Pupils Admitted, — The question 
sometimes arises whether the teacher must instruct 
scholars of more or less than school age^ or from out- 
side the district. The answer is plain. The trustees 
Jiave sole authority to admit pupils or to exclude them, 
■and the teacher must instruct such pupils as they re- 
•ceive (A\^is.^). 

It is held, however, that if the trustees insist on the return to 
school of a pupil who cannot be controlled by reasonable means, 
the teacher may quit the school and recover his wages (Yt. '^' ^). 

Wages have been recovered by a teacher who stipulated in the 
contract that she would not instruct certain children in the dis- 
trict (O.^); and by a teacher who was obliged to give up her 
school because the committee insisted on her allow^ing a disobedi- 
ent and unmanageable boy to attend (Yt.''; but see Tenn. 2). 
But ordinarily a teacher may be dismissed for faihire to control 
the school (la. ^ ). 

d. To Fill the Blanks in the School Register, to pre- 
serve it;, to verify its correctness by oath, and to deliver 
it to the district clerk. 

If the Register be lost through carelessness, the teacher is en- 
titled to no pay for his services, and from this duty the trustees 



38 coKDiTioisrs of contract. 

liave no right to excuse him (Mass. ^ ^ ]S[. H. "* Vt. i »' i ^^ et^.). But 
he may draw pay if he can make oath that it was correctly kept, and 
lost or stolen through no fault of his (411). Trustees may permit 
a teacher to fill up the blanks afterward, if the district do not 
thereby lose its school money (N. Y. ^ » yt. i *) 

e. Janitor Work, — Any other duties than these im- 
posed upon the teacher, such as sweeping the school- 
house, must be expressly stated in making the contract. 

The teacher cannot be compelled to do janitor's work on the 
ground of local custom (Ind. ^ ). ' ' A teacher who contracts simply 
to teach a school for a given number of months, for a given sum, 
is under no obligation to cut or carry in the fuel, sweep the school- 
house, or make the fires. It is as much the duty of the Board to 
have these things done (by the teachers and pupils if they volun- 
teer to do them, or by paying for them otherwise) as it is to fur- 
nish a broom or a stove. The Board has no power to compel, by 
rule, either teacher or pupils to do these things. But there will 
never be any trouble over this question except where there is 
outside meddlesomeness and internal contrariness " (Mo. *). * ' In 
common district schools such duties are, it is true, generally at- 
tended to by the teachers and larger scholars, and it is an economi- 
cal and commendable custom. But it must be voluntary ; it is^ 
not one of those customs to which long acquiescence has given 
the force of law " (Ky. ^). 

The trustees cannot deduct from the teacher's wages the sum 
they have paid for care of the school-house (N. Y. ^ *). 

3. The Amoukt a^t> Makker of Payment. — Con- 
tracts by the week are most definitely understood, and 
payment once in four weeks is desirable when it can be 
made convenient. 

In New York payments must be made at least as often as once 
a month (N. Y.^^). 

Payment must always be made in cash. Debts or 
notes due third parties, even the trustees, cannot be off- 
set against the teacher^s wages (402). 



THE AMOUKT AJS^D MANNER OF PAYMEi^^T. 39 

Even though the teacher is a minor, the payment must be 
made to him, and not to his parent or guardian (Ky. *). 

a. How to Enforce Payment, — In case the trustees 
neglect or refuse to pay the wages due, after the public 
money has been received by the supervisor, they may 
be sued as a quasi corporation, possessing power in this 
case and for this purpose to bind their district, and to 
create a corporate liability which will attach to their 
successors in their official capacity (N. Y.^i Mo.^ Pa.^ 
Me.6 Or.i N. J.i Ia.6). 

A promissory note made to a teacher for wages earned in the 
employment of the district is within the scope of this power, and 
may be safely received and negotiated by the teacher. 



CHAPTER IV. 

BREAKIls^G OF CONTRACT. 

A TEACHER once employed by trustees cannot be dis- 
missed during the time for which he was to continue, 
without some violation of the contract on his part (R. 
142). But trustees may dismiss the teacher: — 

1. If he Close the School upon any school day 
(see page 36). 

2. If his Certificate be Aj^j^ulled, eyen though 

the annulment be plainly illegal and an appeal be made 

to the State Superintendent (see page 18). 

It is even held that the teacher may be discharged if he cannot 
produce a certificate, the fact that one has been granted which has 
been miscarried or otherwise lost not being considered {529). 

3. Ijstcompetekce or Immorality. — If they are con- 
vinced that he is unfit for the place through incompe- 
tence or immorality. 

When a teacher who has been irregularly discharged is al- 
lowed to continue in the school with the consent of the majority 
of the trustees, this constitutes a waiver of such dismissal, and a 
satisfaction of the original employment (IST. Y.'*^). 

a. General Principles, — The contract of a teacher is 
for his own personal services (111. i^). The nature and 
quality of the services were admirably described by 
Judge Worden: 

(40) 



DISMISSAL FOR Iis'COMPETE:N^CE. 41 

A teacher doubtless, like a lawyer, surgeon, or physician, 
when he undertakes an employment implicitly agrees that he will 
bestow upon the service a reasonable degree of learning, skill, and 
care. When he accepts an employment as teacher in any given 
school, he agrees by implication that he has the learning to enable 
him to teach the branches to be taught therein, as well as that he 
has the capacity in a reasonable degree of imparting that learning 
to others. He agrees, also, that he will exercise a reasonable de- 
gree of care and diligence in the advancement of his pupils in 
their studies, in preserving harmony, order, and discipline in the 
school, and that he will conform himself as near as may be to 
such reasonable rules and regulations as may be established by 
competent authority for the government of the school. He also 
agrees, as we think, by a necessary implication, that while he 
continues in such employment his moral conduct shall be in all 
respects exemplary and beyond just reproach (Ind. "^j. 

J. Usage in Different^ States varies somewhat in de- 
tail. 

Pennsylvania, Illinois, and Kansas give as causes for dis- 
missal: incompetence, cruelty, negligence, or immorality. Ohio: 
inefficiency, neglect of duty, immorality or improper conduct. 
Indiana: incompetency, immorality, cruelty, or general neglect 
of the business of the school Iowa: incompetency, partiality, 
or dereliction in the discharge of his duties. AVisconsin : want of 
sufficient learning, ability to teach, capacity to govern and ar- 
range the school, or of good moral character. 

In Maine, the committee may dismiss a teacher ''who is found 
incapable or unfit to teach, or whose services they deem un- 
profitable to the school. " In Massachusetts the committee may 
dismiss any teacher " whenever they think proper " (Mass.^*). 

Mere Dissatisfaction of scholars and parents is not, in most 
States, cause for dismissal (Yt.^^' "*). In Kentucky the causes 
given are incompetency, neglect of duty, immoral conduct, uiiac- 
ceptahility, or other disqualification (Ky."^); but it is repeatedly 
affirmed that the preference of a majority of the patrons, even if 
expressed in a written testimonial, is not ''unacceptability'' in the 



42 BREAKING OF CONTRACT. 

meaning of the law, but that specific grounds must be stated and 
made clear why a teacher is unacceptable ; that a teacher should 
not be displaced except on the clearest proof and after thorough 
investigation; and that a teacher wronged in this respect might 
seek redress for damages (Ky. **). Compare page 34. 

c. Incompetence must be Marked, — Incompetence 
should be marked to justify trustees in this action (Mo. ^ 
111.11 Vt.16). 

One decison of the State Department upon an appeal against 
dismissal reads thus: " The incompetence of the appellant I do 
not think so conclusively proved as to sustain the presumption of 
a non-fulfilment of contract by him, though from the testimony 
on both sides I am disposed to rate him considerably below the 
grade of a first-class teacher. Still, the trustees can hardly expect 
to get all the manly and scholarly virtues for $15 a month;" and 
the appeal was sustained (404, 111. i ^). 

For inflicting unjustifiably severe punishment upon pupils for 
comparatively slight offences, the teacher should be discharged as 
either incompetent to fulfil his duties properly as a teacher, 
or as wilfully regardless of them (N. Y.*^). 

d. Immorality must le proved ly Specific Charges, — 
Sup't Draper ruled, June 11, 1886: 

In proceedings of this kind, two rules must be complied with: 

1. The charges must be definite and specific. No general 
'Charge of immoral character will be sufficient to put a person on 

the defensive. The charges should specify immoral acts of the 
teacher and should be drawn up with as much care and distinct- 
ness as an indictment, so that she may know just what she must 
meet. 

2. The respondent must be given an opportunity to defend; to 
confront and cross-examine the witnesses produced by the appel- 
lant (N. Y.**). 

Compare page 25. 

e. Proper Method of Procedure, — The possession of a 
license is prima facie evidence of qualification, and the 



PKOPER METHOD OP PROCEDIJRB, 4^ 

first effort of the trustees should be to get the license 
annulled (N. Y.^^ lU.is). 

' ' I find that the appellant holds a State certificate granted to 
her in 1867, at which time, as at present, the provisions of section 
15, title 1, Code of Public Instruction, was operative and con- 
trolling. This section distinctly provides that the Superintend- 
ent's certificate, while unrevoked, shall be conclusive evidence that 
the person to whom it was granted was qualified by moral char- 
acter, learning, and ability to teach any common school in the 
State." The superintendent felt himself by this statute debarred 
from considering allegations against the moral character, learn- 
ing, and ability of the teacher, upon an attempt to discharge her 
from the employment of the board and held that the proceeding 
should have been one to annul her State certificate (N. Y.^*). 
But see page 44. 

/. Extracts from two decisions by State Superintend-^ 
ents illustrate the law upon this subject: — 

A Case in Rhode Island.— ^hQ case then must turn on the ques- 
tions whether or not Smith did comply with the regulations of 
the school committee, and whether he did really properly in- 
struct and govern his school These facts appear clearly to be- 
pro ved:. . . .That there was a great amount of noise and confu- 
sion in the school-room; that scholars were allowed to whisper ; 
that the room was not well ventilated; and that the modes of 
punishment were not proper; all of which were in direct violation 
of the regulations for schools posted by the committee on the 
wall of the school-room ; and further, that Smith himself was 
boisterous and rough in his manner, and not only neglected 
to give information and assistance to his scholars when asked, 
but that he allowed the scholars to miscall or mispronounce- 
words in their reading lessons without correction ; and, in general, 
that the scholars did not improve, and were merely losing their 

time and making a waste of the public school money These^ 

being the facts in the case, the school committee of Smithfield 
only discharged the duty imposed upon them by the law and hy 
their oath of office and their act ought to be sustained (R. I.^). 



44 BREAKIKG OF CONTRACT. 

A Case in New York. — The annulment of the license dissolves 
all contracts entered into by virtue of its sanctions. But can the 
fulfilment of a contract be avoided only in tliis way? Until the 
license is revoked, are the trustees bound to retain a teacher ob- 
noxious to the district through immorality, ignorance, or inef- 
ficiency? The affirmative of this is a too popular fallacy. The 
.admission of it would be subversive of the principles already 
■enunciated as pertaining to the essential nature of contracts. It 
<3annot be supposed that in case a charge of gross immorality, 
specifically urged, carrying with it a strong presumption of its 
truth, were brought against a teacher the trustees must wait for 
the tedious delay of a formal hearing before a Commissioner, and 
abide the event which may be determined through insufficiency 
■of evidence, while the moral conviction of the truth of the 
<jharges preferred is still strong and abiding. The presence 
among pupils of a teacher against whom such suspicion should 
rest, must, of itself, from the suggestions to which it would give 
rise, promote conditions of mind opposed to the development of 
virtue and purity of the heart. 

This consideration alone would justify the trustees in a sum- 
mary dismissal of the teacher. This, to be sure, is an extreme 
•case, but it is sufficient to illustrate and to establish the principle 
advanced, that the trustees may be justified in the discharge of a 
teacher before the close of the term specified in his contract. In 
•determining what constitutes such justification, it is difficult, not 
to say impossible, to establish uniform rules. 

The decision as to the propriety of the act, and the power to 
perform the act, alike rest with the trustees. For an abuse of 
their discretion, or an unwarrantable exercise of their authority, 
they are of course responsible. On complaint of the person sus- 
taining what he considers a grievance or wrong, the issue be- 
•comes one of fact, and it devolves upon the trustees to show by 
•evidence that the teacher lacked the chaiacter, the ability, or the 
will essential to a proper discharge of his duties, and that he 
failed thus to fulfil the obviously implied conditions of his con- 
tract. The mere fact of dissatisfaction on their part, or that of 
the inhabitants, is not sufficient to justify the discharge of a 
teacher emplo3'ed for a definite period. The tribunal before 



DISMISSAL FOE IMPROPER CONDUCT. 4^ 

whom the action is brought, as a court, a jury, or this Depart- 
ment are the constituted judges of fact, and will determine, from 
the evidence presented, whether the incompetence of the teacher, 
as resulting from ignorance or indifference, is fully proved, and 
hence his discharge upon the ground of a violated contract clearly 
justified. 

In the case here presented, the trustees offer evidence bearings 
upon the management and general deportment of the appellant 
in the school-room, and his intercourse with his pupils, tending to 
show disregard to the proprieties and courtesies incident to his- 
position. Trifling and irrelevant conversation, oft indulged and 
long continued with pupils in school hours; prying and impertinent 
questions in regard to domestic affairs; low, and at the least sug- 
gestively vulgar, remarlcs to the older female pupils; rude, boister- 
ous, and harsh language, as a means of or substitute for discipline, 
are alleged and proved by the testimony of his pupils, with a 
circumstantial minuteness that requires enphatic denial or plausi- 
ble explanation to invalidate or palliate. The appellant rests 
with a vague declaration concerning the colorable nature of the 
testimony, and with affidavits relative to the satisfaction uniformly 
attending his engagements as a teacher heretofore in the same vi- 
cinity. 

These are insufficient to rebut the presumption raised by the- 
evidence submitted by the trustees, that they were justified in 
their dismissal of the appellant. They have raised that presump- 
tion strongly in their favor, and the appellant has failed to meet 
the issue. It is proper and just to remark, that the justification of 
the trustees does not proceed from any alleged or proved inability 
or immorality of the appellant; his literary qualifications and his 
moral character stand unimpeached, and, it is to be hoped, unim- 
peachable. But his inefficiency appears to have been the result 
of gross negligence and indifference — a debilitated will, rather 
than of inherent depravity or defective scholarship, a fault which 
it is earnestly hoped the wholesome practical discipline of this 
experience will serve to eradicate. 

Under the view of the case as above presented, therefore, I 
must decline to interfere with the action of the trustees, and hold 
that they have presented a sufficient justification therefor (N. Y. ^^). 



4G BREAKING OF CONTRACT. 

4. The Teacher^s Defence. — A teacher feeling 
:aggTieved by the action of the trustees in discharging 
him may either appeal to the State Superintendent, or 
sue them for his wages, and thus compel them to show 
cause for his dismissal, and to support their allegations 
by adequate proof (Ky. ^ 111. ^ ^ ). He may also apply lor 
a writ of mandamus, to compel the trustees to reinstate 
him (Conn. 3). 

In New York, an appeal to the Superintendent is in every way 
to be preferred. Compare page 27. 

After a teacher has obtained a certificate, been employed, and 
-entered upon his duty, he should not be discharged without the 
clearest proof of his incompetency or palpable neglect of duty, in 
default of which on the part of the trustees inferior courts should 
find for the teacher. The testimony of the pupils as to the 
teacher's fidelity is to be received with much caution, and oc- 
-casional or trifling errors in recitation, or inaccuracies in scholar- 
ship, or casual laxity in discipline, or tardiness of action, or failure 
to secure the rapid advancement of particular scholars — these 
things, whether alleged or real, are inconsequential when weighed 
jagainst the favorable presumption warranted by the possession of a 
legal certificate, and the evidence of general success and fidelity 
<Ill.i2). 

5. Eecoveey of Wages. — If a teacher lawfully em- 
ployed is dismissed without just cause, he may receive 
Images for the whole time for which he was employed 
(Wis. 10). 

But only for the difference between the stipulated wages and 
what he earned or might have earned at a similar employment in 
liis own vicinity during the time covered by the contract (1^ 
Oreenleaf on Evidence, §161 a ; 2 Chitty on Contracts, 11th Am. 
€d., p. 855, note). 



DAMAGES FOR IN^JUSTICE. 47 

6. Damages for Ijs^ justice. — If the trustees have 
acted wantonly and maliciously, the teacher may pro- 
ceed against them personally (Pa. 3); but he must show 
clearly that malice and injury were the impelling 
motives (Pa.'*). 

A letter from an inhabitant of the district to the trustees com- 
plaining of the teacher is privileged, if written with an honest 
purpose and for the public good (Mass. ^ * Tounshend on Slander 
and Libel, 385, 399; but see 273). 



PART in.-THE TEACHEB^S ADTHORITY. 



CHAPTER IV. 

ABSENCE AKD TAKDIKESS. 

The general management of the school devolves by- 
law upon the trustees, (Mass.^^-^o la.'' 0.^' ^ Wis.^i 
Me.'' Vt.i'^ N". Y.^^), and in large towns is commonly- 
regulated by their distinct orders. But in smaller dis- 
tricts, the trustees being often incompetent or indiffer- 
ent, much of this authority is intrusted to the teacher 
or assumed by him. Indeed, many things must neces- 
sarily be left to his discretion. 

*' The law prescribes the branches to be taught, and the Board 
may add others; but neither the law nor the Board prescribes the 
precise methods of teaching and handling classes. The teacher 
may require, for instance, that the class in grammar shall com- 
pose as well as analyze; that a class in geography shall draw 
maps as well as recite from the book; work examples on the 
blackboard as well as on the slate. The Board makes general 
rules. The teacher may and must have some rules to keep order, 
and may enforce them, although the Board makes no rules at all 
— which is usually the case. Where the Board makes rules the 
teacher must carry them out; but from the nature of the case, and 
entirely apart from what the Board does, he must govern the 
school, and to this end enforce obedience; it being understood, of 
course, that he is not unreasonable in his requirements" (Wis. ^ ^). 

Nor is it necessary that rules established by trustees 
be recorded, or even adopted at a regular meeting 
(Mass. 1 9' 3 1 Wis. 1 3 Ind. » N. H. 3). 

(48) 



THE HOURS OF SCHOOL. 49 

New Hampshire, Wisconsin, and Missouri, however, enact 
that rules shall take effect when a copy has been deposited with 
the town-clerk; and Rhode Island requires that the rules shall be 
posted up in every school-house. 

Yet it must never be forgotten that in regard to the 
Hours of School, the Course of Study, the Adoption of 
Text-books, the General Kegulations, and the Expulsion 
of Pupils, the action of the teacher has no legal force 
until formally endorsed by the trustees. 

However unbounded the confidence placed in him, a wise 
teacher will secure the sanction of the trustees before he an- 
nounces his own course as to these questions. 

1. The Hours of School. — a. Usage, — The hours 
of school are usually six, three in the morning and 
three in the afternoon, with recesses in the middle of 
each session of ten minutes for the boys and ten min- 
utes for the girls. 

Obvious hygienic requirements make recesses for each sex in- 
dispensable where the playgrounds are not wholly distinct. 

In some schools no recesses are given, the sessions being 

shortened proportionally. It is becoming customary to dismiss 

primary classes before the close of each session, and is usually 

advisable. 

In California, "no school must be continued in session more than six 
hours a day; and no pupil under eight years of age must be kept in school 
more than four hours a day " (Cal.^ ). In Kentucky, the youngest class can- 
not be confined more than three hours a day (Ky.^ ). In these matters the 
teacher is bound to follow the usage of the district, unless authorized by the 
trustees to make changes. 

It has even been held in Wisconsin that '*the school day is 
fixed by a custom so universal and well understood as to have 
almost the entire force of law, at six hours. If a district were to 
depart from this rule, it is doubtful if it would be entitled to 
draw school money. When the law says '100 days shall be un- 
derstood to constitute the five months required/ it must be under- 
stood to mean 100 school-days of six hours each, and not 150 days 



50 abse:n^ce akd tardiness. 

of four hours each" (Wis. ^ *). In New York, however, this mat- 
ter is wholly in the hands of the trustees, and many schools have 
but one session of five hours, instead of two of three hours each. 

i. Instruction in Outside Branches. — In Kentucky, 
teachers are allowed, with the consent of the trustees, 
to give instruction in branches outside of the regular 
course of study during school hours, and to charge 
tuition therefor (Ky.''). This is an unusual and an 
unwise privilege, as it tempts the teacher to neglect the 
important branches for those which may be superin- 
duced but should never be substituted. 

c. Regularity and Punctuality Compulsory, — In re- 
gard to the hours of school and the regularity of atten- 
dance, recent decisions show that rules established by 
the trustees are absolute and final. 

The Supreme Court of New York decides that the rule re- 
quiring regular and prompt attendance is for the good of the 
pupil. It also says that the good of the whole school cannot be 
sacrificed for the advantage of one pupil who happens to have an 
unreasonable father ; and as the law now is, no other means can 
be devised for enforcing regular and prompt attendance than the 
penalty of expulsion (N. Y.^^). 

In Massachusetts, the committee have '' the power of determining 
what pupils shall he received and ^chat pupils rejected. The com- 
mittee may, for good cause, determine that some shall not be re- 
ceived ; as, for instance, if infected with any contagious disease, 
or if the pupil or parent shall refuse to comply with regulations 
necessary to the discipline and good management of the school" 
(Mass.i^-18'28 Me.8 N. Y.^^ yt.i?. isj^.t)^ 

" A child shall not be allowed to attend the public school while any mem- 
ber of its household is sick of small-pox, diphtheria, or scarlet fever, or 
during two weeks after the death, recovery, or removal of such person" 
(Mass.3^). 

In Missouri, suspension for six half days* absence in four con- 
secutive weeks has been upheld (Mo. ^); and in Iowa for six half 



THE HOURS OF SCHOOL. 51 

days' absence and two instances of tardiness in the same time. In 
the last case, Judge Beck said: 

It requires but little experience in the instruction of children and youth 
to convince any one that the only means which will assure process in their 
studies is to secure their attendance, the application of the powers of their 
minds to the studies in which they are instructed. Unless the pupil's mind 
is open to receive instruction, vain will be the effort of the teacher to lead 
him forward in learning. This application of the mind in children is secured 
by interesting them in their studies. But this cannot be done if they are at 
school one day and at home the next , if a recitation is omitted or a lesson 
left unlearned at the whim or convenience of parents. In order to interest 
a child he must be able to understand the subject in which he is instructed. 
If he has failed to prepare previous lessons he will not understand the one 
which the teacher explains to him. If he is required to do double duty» 
and prepare a previous lesson, omitted in order to make a visit or do an 
en^and at home, with the lesson of the day, he will fail to master them and 
become discouraged. The inevitable consequence is that his interest flags 
and he is unable to apply the powers of his mind to the studies bef qye him. 
The rule requiring constant and prompt attendance is for the good of the 
pupil and to secure the very objects the law had in view in establishing pub- 
lic schools. It is therefore reasonable and proper. 

In another view it is required by the best interests of all the pupils of 
the school. Irregular attendance of the pupils not only retards their own 
progress, but interferes v^ith the progress of those pupils who may be regular 
and prompt. The whole class may be annoyed and hindered by the imper- 
fect recitations of one who has failed to prepare his leBsons on account of 
absence. The class must endure and suffer the blunders, promptings, and 
reproofs of the irregular pupils, all resulting from failure to prepare lessons 
which should have been studied when the child's time was occupied by 
direction of the parent in work or visiting. 

Tardiness, that is, arriving late, is a direct injury to the whole school. 
The confusion of hurrying to seats, gathering together of books, etc., by 
tardy ones, at a time when all should be at study, cannot fail to greatly im- 
pede the progi'ess of those who are regular and prompt in attendance. The 
rule requiring prompt and regular attendance is demanded for the good of 
the whole school. 

Some Special Decisions, — («^). Tardiness, 
In 1853^ the New York State Superintendent decided 
that ^^ teachers have the right to close the doors of their 
school-rooms against all pupils who may claim admis- 
sion fifteen minutes after the time of opening the 
school ^^ (N.Y.^^). But more recently the State Super- 



52 ABSENCE Ais^D tardi:n^ess. 

intendent has ruled that the teacher should not keep 
tardy pupils in the entry, especially in cold weather 

(N. Y.49. see Ill.i3.) 

In Wisconsin, the Superintendent decides that "to lock the 
door against tard}^ pupils, say at ten o'clock, is of doubtful pro- 
priety. The school house is a public place. The tardiness may 
not be the fault of the child. It might be a serious discomfort to 
the child to be turned back home. Let the school be made at- 
tractive " (Wis. 1 ^). And again: -'Tardiness is, of course, a great 
annoyance. It is difficult to say how far the courts would sus- 
tain rules excluding pupils from school for being late. It is 
doubtful whether it is good policy to turn tardy scholars into the 
street, perhaps to get into mischief; perhaps to suffer from cold,, 
from waiting outside; certainly to lose more time. Persuasion,, 
attractive lessons in the morning, an attractive school, privation 
of recesses, final degradation to a lower class if all fails, would 
perhaps be better remedies (Wis. ^ ^). 

(/^). Siispeiisioii for Absence. — In 1875 the Board 
of Education of Hornellsville, N. Y., adopted a rule 
that in every case of absence of a pupil for more than 
five days during any term for any other cause than sick- 
ness or death in the family or religious observance, the 
absentee should be suspended until the beginning of the 
next term. Its legality being questioned, the State 
Superintendent replied: 

' ' Under the provisions of the law cited in your letter of the 19th 
inst. , your Board of Education possesses the power to suspend 
pupils from school for causes which seem to merit such treatment. 
In my jud3:ment, however, it would be unwise to enforce strictly 
the rule referred to in your letter. The object and intention of 
the law is to get pupils into the schools — not to keep them out. '* 
(See also .f?5.) 

In another case the same Superintendent, Mr. Gil- 
mour, went still further. 



THE HOURS OF SCHOOL. 5*6 

Among the regulations of Dist. No. 2, Ellington, was this : 

Any scholar absenting himself from any examination or part thereof, ap- 
pointed by the teachers, \^ithout necessity duly certified beforehand, either 
by himself or his parent or guardian, shall not be admitted to the school 
afterwards, except by permission of the board and the approval of the prin- 
cipal. 

On Feb. 4, 1875, before the written examination, the mother 
of three boys asked by written note that they be excused from the 
last days of the term, and withdrew them from the school. On 
the opening of the next term, the three boys were refused admis- 
sion imder the above rule, the note not being accepted as a suf- 
ficient compliance with the regulation. This was over-ruled by 
Sup't Gilmour who decided that boards of education have no 
right to make any regulation under which children are liable to 
perpetual exclusion from school for an act of the parent (4^5). 

This view was carried still further under Sup^t Bug- 
gies. 

In Sept. 1884, the St. Johnsville board of education established 
the following rules: 

The Principal and Teachers of the different rooms may suspend pupils 
Tinder their immediate control for: 1. Three cases of absence, unless the ab- 
sence be caused by personal sickness, or serious illness. or death in the fam- 
ily, or by some pressing emergency. But one case of absence can be counted 
in the same day. * * * 

The power of reinstatement shall be limited to the Board of Education 
-or the Principal. * * * 

Any pupil suspended for any cause shall not be entitled to any privileges 
jof the school until reinstated. 

For four such absences the father of Clarence Sanders refused 
to give any reasons and on Nov. 5, the boy was suspended, and 
on presenting himself at school the next day was refused admis- 
sion. His father appealed to the State Department, who on 
March 20, 1885, decided that the boy must be reinstated, on the 
grounds (1) that the power of suspension should not be delegated 
from the Board to a teacher; (2) that to require the parent to 
.state the particular cause for a child's absence or detention is not 
only unnecessarily inquisitorial, but, logically carried out, would 
permit the teacher or trustees to pass judgment on the parent's 
exercise of authority over his child. 



54 ABSENCE AND TARDINESS. 

This decision (reported in full in the School Bulletin for May^ 
1885) caused wide and generally unfavorable comment. 

The present Superintendent, Mr. Draper, takes a wholly differ- 
ent view, and gave to the author for publication in this volume a 
copy of the following letter, showing the ground now taken by 
the State Department: 

That the school authorities have power to exclude from the benefit of 
the schools, pupils who refuse to comply with reasonable regulations rela- 
tive to attendance, I have no doubt. I consider a regulation to the effect 
that a pupil who is absent or tardy shall bring his teacher a written excuse 
from his parent or guardian, to be entirely proper, and the Department will 
therefore sustain you in enforcing it. The letter addressed to one of your 
teachers is a highly improper and insulting one. If this parent persists in 
sending his child to school with irregularity and in refusing to give any 
proper excuse for this course, you will be justified in excluding the child 
altogether. 

The schools are surely for the benefit of all and all have common rights 
In them, but these rights must not be abused by any individual to the injury 
of others. If one parent can maintain the position which this one assumes, 
then all can and if all can then the school system is liable to utter over- 
throw and distruction. This of course we cannot concede. You are 
advised to notify the person writing the letter which you enclose to me of 
the contents of this communication ; to receive the child into the school if 
the parent manifests a disposition to comply vdth the law. Otherwise you. 
will be upheld in excluding the child in question. 

Here is a Missouri decision: 

Suppose rule 11 to be inverted, and instead of reading as it now standi 
should read thus: '' Any pupil is at liberty to go a-fishing during school hours 
and be absent a half day or a whole day and as many days as he pleases, 
provided he conducts himself decently when in attendandance in school." 
And this is the point to which the agreement of the plaintiff tends. The 
pupil, it is urged, is at liberty to be absent when he pleases, and such absence 
i s a matter solely between him and his parents. But the studies in our pub- 
lic schools are, I presume, classified according to the ages and advancement 
of the scholars; and the continued or repeated absence of one of a class not 
only is injurious to the absentee, but if allowed beyond a certain point is cal- 
culated to demoralize those who attend, and damage the orderly instruc- 
tions of the teacher. Taxes are not collected to pay teachers to sit in 
front of empty benches, or to hunt up truant boys. Such absences, when 
without excuse, are the fault of the parents, whose business it is to see that 
the attendance of their child is regular, unless prevented by causes which 
will, of course, be an excuse under the rule now in question (Mo.^ ). 
See also Mass. 21 Ill.i^ 



THE HOURS OF SCHOOL. 55 

{r) Exercises outside of the School Building. — In 
1874, two girls in the Dover (N. H.) High School re- 
fused to attend examination and graduation in the City- 
Hall on the ground that it was too public. The prin- 
cipal suspended them. The parents applied to Judge 
Doe for an injunction against the suspension, and the 
case was referred to the full bench at Concord. The 
application was denied, on the ground that the subject- 
matter was within the jurisdiction and discretion of 
the school authorities. 

{8) Catholic Holidays, — In 1874, certain Catholic chil- 
dren of Brattleboro were expelled from the schools for at- 
tending Mass on the holy day of Corpus Christi, though 
their pastor, Father Lane, had asked permission from 
the committee for their non-attendance at school that 
morning. Judge Barrett, of the Supreme Court, de- 
cided that the committee were legally justified in acting 
as they did; and went on to show that school commit- 
tees are supreme in their rights over parents; that a 
citizen has no more right to disregard the rules made by 
a school-committee than he has to defy the law by which 
the committee was empowered (Vt.^'^). 

( 5 ) The Jewish Sahbath, — In 1875, a Jewish girl was 
expelled from the Sherwin School, Boston, for not at- 
tending the Saturday sessions. What followed is told 
thus: 

The father sent a petition to the Board. That petition was 
referred to the Sherwin committee. They heard the father's 
statement. He explained why he had kept the child from the 
school, and the position of the Israelites in respect to Saturday, 
their Sabbath. He asked that he might be permitted to send his 
child to school five days in the week, keeping her from school 



56 ABSENCE a:n"d tardikess. 

every Saturday. It was explained to him why the committee 
could not officially make such an exceptional arrangement. They 
respected, however, the father's scruples in regard to work on the 
Sabbath, and agreed that the child might be excused on Satur- 
days from what he regarded as " manual labor" — writing, cipher- 
ing, and the like. The father seemed satisfied with the action of 
the committee; and his child has ever since been a regular attend- 
ant upon the school. 

A Caution, — It is therefore safe to consider this the 
prevailing law^ at least in the Eastern States. But we 
believe it is sometimes carried so far as to work our 
school system serious injury. 

In this last case we have intolerance enforcing hypocrisy. 
The child's religion either does forbid her to work on the Sabbath, 
or it does not. If it does not, there is no reason why she should 
not ''write, cipher, and the like," as well as the rest If it does, 
then she should not attend school at all. Her presence, under 
these conditions, teaches every Christian pupil in school that 
one's lesson may be studied or any mental labor done on Sunday 
which does not involve ' ' writing, ciphering, and the like. " 

Opposing Decisions. — Moreover^ there are decisions 
on record which conflict with those we have cited. 

The Supreme Court of Illinois has decided that " school-direc- 
tors can expel pupils only for disobedient, refractory, or incor- 
rigibly bad conduct, after all other means have failed. Expulsion 
is not designed as a means of punishment" (111. ^ ^). This decision 
is quoted and endorsed by the State Superintendent of Iowa (la. ^). 

Judge Higbee, of the Fulton County (111.) Circuit Court, de- 
cided that neither school-teachers nor school- directors can expel 
a child from the public schools for absence. Such expulsion he 
holds to be arbitrary, unjust, and unlawful. He assigns but one 
cause for expulsion, and that is 'Incorrigibly bad conduct" (111. ^ «). 



CHAPTER VI. 

CONTROL OF THE CHILD'S STUDIES. 

1. Usually Attributed to the Trustees. — The 
power not only of selecting the branches to be taught 
in school^ but also of requiring pupils to pursue them, 
has been usually attributed to the teacher^ subject to 
the control of the trustees. 

The single requirement in New York is that physiology, so far 
as it pertains to the hygienic effects of stimulants, shall be taught 
in every school receiving public money. See also Mass. ^^ 
Minn. 5, etc. 

In Massachusetts these branches are compulsory in com- 
mon schools; orthography, reading, writing, English grammar, 
geography, arithmetic, algebra, United States history, good be- 
havior, physiology and hygiene, and drawing, while manual train- 
ing and sewing are permissible (Mass. 2*). Text books must be 
furnished free (Mass. ^ 5). 

German may be included in the course of study (111. ^ ^). 

Thus composition may be required of all (N, Y.^^), 
and a girl may be expelled for refusing to declaim^ even 
though her father has conscientious scruples against 
females^ speaking in public (N, Y.^^). 

In November, 1871, Superintendent Glark, of Defiance, Ohio, 
suspended the son of J. J. Sewell, for persistent failure to have at 
the proper time his rhetorical exercises. The father brought suit 
for $1,000 damages. On appeal to the Supreme Court, under 
§ 54 of the act of May 1st, 1873, the decision of the lower court 
was affirmed that there was no cause of action, and the defendant 
was allowed the costs of prosecution (Ohio^- *). 

(57) 



58 CONTROL OF THE CHILD'S STUDIES. 

2. Should be Exercised with CAUTio:Nr. — But 
this power should be exercised with moderation; for 
though the courts of other States have^ in many instances^ 
sustained this view of the teacher's authority (Me. "^'^ 
Vt.i9 Mo.M¥is.i^Ky,^«'ii Mass.i^. iir^so la.^K H.^ 
Cal.3), jQJ^ other courts have held that parents have the 
privilege of limiting and naming the studies their chil- 
dren shall pursue in the public schools^ providing they 
designate such studies as are there taught. 

The Wisconsin Decismi, — The case most commonly 
quoted is the following: 

Upon the IStli of December, 1872, Annie Morrow, a qualified 
teacher under a contract with the District School Board, com- 
menced teaching a district school in Grant county. James Wood, 
an inhabitant of the district, sent his son, a boy about twelve 
years of age, to the school. The defendant wished his boy to 
study orthography, reading, writing, and also wished him to give 
particular attention to the subject of arithmetic, for very satisfac- 
tory reasons which he gave on trial. In addition to these studies 
the plaintiff at once required the child to also study geography, 
and took pains to aid him in getting a book for the purpose. The 
father on being informed of this, told the boy not to study 
geography, but to attend to his other studies, and the teacher was 
properly and fully advised of this wish of the parent, and also 
knew that the boy had been forbidden by his parent from taking 
that study at that time. But claiming and insisting that she had 
the right to direct and control the boy in respect to his studies, 
even as against his father's wishes, she commanded him to take 
his geography and get his lesson. And when the boy refused to 
obey her and did as he was directed by his father, she resorted to 
force to compel obedience. All this occurred in the first week of 

school Under the circumstances, the plaintiff had 

no right to punish the boy for obedience to the commands of his 
father in respect to the study of geography. She entirely exceeded 
any authority which the law gave her, and the assault upon the 
child was unjustifiable (Wis. ^^), 



SHOULD BE EXERCISED WITH CAUTIOX. 59 

The following contemporary expressions of opinion by leading: 
educators will be found of interest. 

Assistant Superintendent J. B. Pradt, of Wisconsin, said: 

I should have held with the Circuit Court, that the teacher, not as an 
individual, but as the representative of the school authorities, is justified in 
requiring the pupil to attend to the usual studies of his class, and that if ex- 
emption is granted in any special case, it should be, not at the demand of 

the parent as a right, but with the consent of the Board But if 

the teacher, who very likely was young and inexperienced, had been thought- 
ful enough to refer the matter to the Board, and the Board had sustained the 
position that all pupils must take all the studies of the class unless exempted 
on request of the parent, as a favor, the question of paramount authority 
would have been raised in a more satisfactory way, and the judgment of the 
higher court would have covered a broader ground (Wis.^^). 

Superintendent J. P. Wickersham of Pennsylvania, prefaced a 
report of the decision with this remark: 

We are not quite sure that the decision would be considered good law 
in Pennsylvania, and yet it seems to rest on ground of considerable strength.. 

He also quoted these conclusions of Superintendent Bateman^ 
of Illinois: 

" (1) Pupils can study no branch which is not in the course prescribed 
by the directors (trustees). 

"(2) Pupils can study no branch of such prescribed course for which 
they are not prepared, of which preparation the teachers and directors 
shall judge. 

" (3). Pupils shall study the particular branches of the prescribed course 
which the teachers, with consent of the directors, shall direct, unless honest 
objection is made by the parents. 

'•(4) If objection is made in good faith, parents shall be allowed to 
select from the particular branches of the prescribed course for which their- 
children are fitted those which they wish them to study; and for the exercise 
of such right of choice the children shall not be liable to suspension or 
expulsion." 

This fourth conclusion was pronounced sound by Superinten- 
dents Conant, of Vermont; Briggs, of Michigan; Etter, of Illinois;, 
and Burt, of Minnesota. It was considered unsound by Superin- 
tendents Kiddle, of New York City; Philbrick, of Boston; Harris, 
of St. Louis; Stockwell, of Rhode Island; Newell, of Maryland; 
Smart (C. S.), of Ohio; Smart (J. S.), of Indiana; Henderson, of 
Kentucky; and Trousdale, of Tennessee. Superintendents Apgar, 
of New Jersey, and Abernethy, of Iowa, stated that in these 



'60 co:n^trol of the child's studies. 

•States the law explicitly conferred all right in this matter upon 
Boards of Education. Letters from these gentlemen appeared ia 
full in the School Bulletin for June, 1875, and in the first edition 
of this volume. 

I7i Iowa it was decided: 

That the father has the right to the care and custody of his 
minor children, and to superintend their education and nurture, is 
a proposition that does not admit of reasonable doubt (la.^^). 

In Illinois, a boy had omitted^ on account of ill-healtli^ 
the study of English grammar. On application he was 
admitted to a high school. The teachers of the school 
•discovered that he was deficient in this study^ and they, 
required him to pass an examination for it. Not com- 
plying^ he was expelled. A mandamus was issued to 
compel the trustees to admit him again. The trustees 
took an appeal^ and the Supreme Court affirmed the de- 
cision of the lower courts speaking as follows: 

No parent has the right to demand that the interests of the 
children of others shall be sacrificed for the interests of his child; 
and he cannot, consequently, insist that his child shall be placed 
vor kept in particular classes, when by so doing others will be re- 
tarded in the advancement they would otherwise make; or that 
his child shall be taught studies not in the prescribed course of 
the school, or be allowed to use a text-book different from that 
decided to be used in the school, or that he shall be allowed to 
■adopt methods of study that interfere with others in their study. 
* * The policy of our law has ever been to recognize the right of 
the parent to determine to what extent his child shall be educated 
during minority, presuming that his natural affections and superior 
opportunities of knowing the physical and mental capabilities and 
future prospects of his child will insure the adoption of that course 
which will most effectually promote the child's welfare. The 
policy of the school law is only to withdraw from the parent the 
right to select the branches to be studied by the child to the extent 
.that the exercise of that right would interfere Avith the system of 



SHOULD BE EXERCISED WITH CAUTIOX. 61 

instruction prescribed for the school, and its efficiency in imparting 
education to all entitled to share in its benefits. No particular 
branch of study is compulsory upon those who attend school 
(Ill.i«). 

In the same State, a yo-ung lady was expelled from a public 
school because, under the direction of her parents, she refused to 
study book-keeping. She instituted an action of trespass against 
the directors and principal of the school, and on trial in the court 
below the jury found a verdict in her favor, and assessed the 
damages at $136. On appeal it was affirmed by the com*t. 

A statute which enumerates the branches that teachers shall be qualified 
to teach, gives all the children in the State the right to be instructed in those 
branches. But neither teachers nor directors have power to compel pupils 
to study other branches, nor to expel a pupil for refusing to study them 
(111.^^). 

Even in Neiv Yorh a test case has been decided in 
accordance with the rulings just given. 

Carl Hallet, a pupil in the Union Free School at Eiverhead, re- 
fused to declaim, f ollow^ing in the matter his father's directions. 
He was expelled from school, and action was brought against the 
principal and Board of Education before the Supreme Court, 
April 26, 1877. In his charge to the jury, C. JE. Pratt, Justice,, 
spoke as follows: 

In my private opinion this requirement upon the part of these trustees 
and of this teacher was a perfectly reasonable one, and one which they 
should have been permitted to enforce. I may say further, and I think you 
will all agree with me, that it is utterly useless to attempt to conduct a pub- 
lic school unless there is secured by certain rules and regulations a thorough 
discipline; and more particularly is it necessary that it should be understood 
by those who partake of the benefits of the system, that the rules, whatever 
they may be, are to be impartially and invariably enforced. 

In thus stating my private opinion, however, I would impress upon your 
minds the fact that it is immaterial what may be your or my personal feel- 
ing upon any matter of this kind. We are bound to accept the law as we 
find it. If the law is wrong it is not for you to rectify it. There is no safety 
in the administration of justice unless the laws are strictly carried out. In 
this case I am confident there are members upon this jury who, controlled 
as they are by feelings of regard for the common school system, and know- 
ing as they do the necessity of upholding the hands of those who have the 
schools in charge, would hesitate for a long time before rendering any ver- 
dict against the defendants, however clear the law might be, if any excuse 



62 CONTROL OF THE CHILD'S STUDIES. 

could be found which wguld satisfy their consciences in thus withholding it. 
Hence, in order that this question may be determined, I propose to relieve 
you from any responsibility in deciding the main issues in this case by say- 
ing to you that you must find a verdict for the plaintiff; and the only ques- 
tion which I propose to submit to you is that of damages. And while stating 
to you, as I have done, my private opinion and feeling upon this subject, I 
must at the same time say, that from reading the decisions of courts in other 
States upon laws the provisions of which are sim.ilar to those under which 
this school in question was established and is regulated, I feel constrained 
to say that there must, upon the facts of this case, be technically a verdict 
for the plaintiff. 

In explanation it is perhaps proper that I should state that the rule of 
law is that this board of trustees may designate a course of study, within 
the authority delegated to them by statute, and that they may also prescribe 
the text-books to be used in pursuing this course of study. And you see the 
necessity of this. It would be utterly impossible to conduct any school if 
every parent should undertake to dictate as to the character of the text- 
book to be used by the scholar. Take a school of two or three hundred 
scholars and as many different kinds of text-books, and you would have about 
as many classes as students; and hence the school could not be classified at 
all, and the great object in view, that is, the public benefit which is to be 
obtained from the grouping together of children and educating them at the 
public expense— would be utterly lost. The law has therefore provided 
that these trustees shall have a wide discretion in making rules, not only for 
the government and discipline of the school while it is in session, but also 
that they may regulate the various classifications and gi-adations, and desig- 
nate text-books that shall be used in the schools. 

But here comes the question whether, in addition to the course of study 
prescribed by statute, the trustees shall be permitted to say that a child 
shall pursue a study which the parent, who is the guardian and has the con- 
trol, nurture, and education of the child, desires that the child shall not 
pursue. Iain constrained to Jwld the law to be that where there is an irreconcilable 
difference of opinion between the teacher^ or the board of trustees, and the parent^ 
in regard to a study which is not included among those that the trustees are em- 
powered to jwesci'ibe^ the will of the parent must control. I think that the law 
has not taken away the natural right of the parent to control the educa- 
tion of the child in that regard; and the parent is presumed to know the 
capacity, the temperament, and the qualifications of the child, and his ability 
to take any particular study or not. When the teacher or the trustees un- 
dertake to say that a child shall pursue a particular study which is not in- 
cluded in the statutory list of studies I think they exceed their authority. 
And when that is made the basis of an attempt to deprive the child of its 
right to attend school, and enjoy the benefits which arise from the laying of 
a common burden upon the community, I hold that they are liable, techni- 
cally liable, for the act. Of course the parent cannot dictate that the child 
shall take a study which is not included in the regular, prescribed list. This 



MODERX te]S"De:n"cy OF opikio:n^. 63 

duty, this obligation, is reciprocal. The parent cannot say that the child 
shall study any branch not prescribed, nor can the school authorities insist 
that the child shall pursue a study not in the prescribed list against the will 
of the parent. 

3. MoDERisr TEJSTDEiircY OF OpiNiox. — It will be 
observed that this decision applies only to studies not 
prescribed m the statute. But as it plainly follows the 
rulings of the Western courts^ we close with a quota- 
tion from the Wisconsin decision already referred to. 

In our opinion, there is a great and fatal error in this part of the 
charge, in asserting or assuming the law to be that, upon an 
irreconcilable difference of views between the parents and teachers 
as to what studies the child shall pursue, the authority of the 
teacher is paramount and controlling. We do not understand 
that there is any recognized principle of law, nor do we think there 
is any recognized rule of moral or social usage, which gives the 
teacher an absolute right to prescribe and dictate what studies the 
child shall pursue, regardless of the views or wishes of the parents. 
From what source does the teacher derive this authority? Ordi- 
narily, it will be conceded, the law gives the parent the exclusive 
right to govern and control the conduct of his minor children ; it 
is one of the earliest and most sacred duties taught the child to 
know and obey its parents. The situation is truly lamentable, if 
the condition of the law is that he is liable to be punished by the 
parent for disobeying his orders in regard to his studies, and the 
teacher may lawfully chastise him for not disobeying his parents 
in that particular (Wis. ^ ^ ). 



CHAPTEE VII. 

THE BIBLE AKD RELIGIOUS EXERCISES. 

1. The Law ik New York. — In New York the 
decisions of the State Department have uniformly denied 
the right to insist upon religious exercises of any kind. 

In the year 1853, Margaret Gifford, a common-school teacher 
in South Easton, Washington County, ordered William Callaghan, 
a pupil aged twelve years, " to study and read the Protestant 
Testament." He declined to do so, on the ground " that he was 
a Catholic, and did not believe in any but a Catholic Bible." The 
teacher consulted the trustees on the subject, and on the next day 
again required the hoy to read out of the King James Bible. 
The boy declared ' ' his unwillingness to disobey the orders of his 
parents and violate the precepts of his religion," whereupon the 
teacher ''chastised him severely with her ferule and then expelled 
him ignominiously from the school." 

An appeal was taken to Henry S. Randall, then Superintendent 
of Common schools, who quoted and endorsed the following 
opinion of his predecessor, John C. Spencer: 

Prayers cannot form any part of the school exercises, or be regulated 
by the school discipline. If had at all, they should be had before the hour 
of nine o'clock, the usual hour for commencing school in the morning-, and 
after five in the afternoon. If any parents are desirous of habituating their 
children to the practice of thanking their Creator for his protection during 
the night, and invoking his blessings on the labors of the day, they have a 
right to place them under the charge of the teacher for that purpose. But 
neither they nor the teacher have any authority to compel the children of 
other parents who object to the practice from dislike of the individual or 
his creed, or from any other cause, to unite in such prayers. And, on the 
other hand, the latter have no right to obstruct the former, in the discharge 
of what they deem a sacred duty. Both parties have rights; and it is only 
by a mutual and reciprocal regard by each to the rights of the other that 
peace can be maintained or a school can flourish. The teacher may assemble 

(64) 



THE LAAY IX XEW YORK. 65 

in his room before nine o'clock the children of those parents who desire him 
to conduct their religious exercises for them; and the children of those who 
object to the practice will be allowed to retire or absent themselves from 
the room. If they persist in remaining there, they must conduct with the 
decorum and propriety becoming the occasion. If they do not so conduct, 
they may be dealt with as intruders (N. Y.-*^). 

Superintendent Eandall, after stating that this is the first 
instance in which an appeal in regard to the reading of the Bible 
has been brought before the Department, then goes on to discuss 
the general question of the connection of intellectual and religious 
instruction, and concludes as follows: 

" I believe that the Holy Scriptures, and especially that portion of them 
known as the New Testament, are proper to be read in schools by pupils 
who have attained sufficient literary and mental culture to understand their 
import. I believe they ma5% as a matter of right, be read as a class book by 
those whose parents desire it. But I am clearly of the opinion that the 
reading of no version of them can be forced on those whose consciences and 
religion object to such version. 

Assuming the facts stated in the complaint to be true, I consider the 
conduct of the teacher, Margaret Gifford, to be not only unwarrantable but 
barbarous. That she should not only ' ignominiously expel ' the pupil, but 
that she should gratuitously inflict a preliminary castigation on a child of 
tender years, who plead the ' commands of his parents and the precepts 
of his religion' against the obeyal of her orders, betrays feeUngs as unusual 
to her sex as repugnant to the mild precepts of that Gospel which, I trust, 
with honest though certainly with mistaken zeal, she was attempting to 
uphold. Perhaps she deserves a lesser measure of reprehension if she acted, 
as would appear, though it is not expressly stated, under direction of the 
trustees. But neither the trustees, the majority of the people of the district, 
the town superintendent, nor all of these united, would have power to 
authorize such an outrage" (N. Y.^^ ). 

In accordance with this decision, it has been uni- 
formly ruled that pupils cannot be compelled to attend 
religious services (N. Y.^^), and that the law gives no 
authority, as a matter of right, to use any portion of 
the regular school hours in conducting any religious 
exercises at which the attendance of pupils is made 
compulsory (N. Y.^^). 

Some places, like the cities of Troy and Rochester, have for- 
bidden any religious exercises. But in most communities in this 



66 THE BIBLE AND RELIGIOUS EXERCISES. 

State, opening the school with Bible-reading and some form of 
prayer is considered unobjectionable and desirable. 

It is the rule of the State Department never to interfere in this 
matter unless some one in the community feels sufficiently 
aggrieved to appeal to the State Superintendent, in which case 
the law forbidding religious exercises, in school hours is imme- 
diately enforced. 

The practice of the Department is the same with regard to the 
drawing of public money by Catholic schools. In some cities and 
villages, schools conducted by Sisters wearing the usual garb of 
their order are admitted under the public school system, the 
teachers being examined by local officers, and drawing pay from 
the public funds. This the Superintendent permits except where 
his attention is officially called to it by regular appeal, in which 
case he is obliged to decide that such are not properly public 
schools and cannot participate in the public money. 

2. Ik Other States usage varies. 

In Massachusetts, the law directs the committee to require the 
daily reading of the Bible, ' * but they shall require no scholar to 
read from any particular version, whose parent or guardian shall 
declare that he has conscientious scruples against allowing him to 
read therefrom " (Mass. ^ 6). 

In Maine, a requirement by the superintending school-com. 
mittee, that the Protestant version of the Bible shall be read in 
public schools of their town by scholars who are able to read, is 
not in violation of any constitutional provision, and is binding 
upon the members of the school, although composed of divers 
religious sects (Me. ^ °). 

In New Jersey, the school money is appropriated to public 
schools, provided that it shall not be lawful for any teacher, trus- 
tee, or trustees to introduce into or have performed in any school 
receiving its proportion of public money, any religious service, 
ceremony, or forms whatsoever, except reading the Bible and 
repeating the Lord's Prayer (N. J. 2). 

In Illinois, Judge Pillsbury has decided that the directors 
have a right to dictate what books shall be studied and used, and 
can, therefore, order the Bible to be read as a text-book in con- 



i:n' othee states. 67 

nection with other studies. This decision was rendered in a suit 
Drought by a Roman Catholic, who had instructed his son to pay 
no attention while the Bible was read in school, but to go on 
studying his lessons. The lad was expelled, and the action of 
the school-mistress was justified both by the trustees and by the 
court (111.2 0). 

In Indiana, '' the statute does not require, even by implication, 
that there shall be any devotional exercises or religious instruc- 
tion in the schools, nor does it prohibit it. The legislature, in 
the revision of the statutes of 1852, made provision for the read- 
ing of the Scriptures, in case it is desired, in an}^ of the common 
schools; and it has been so far acquiesced in by the people, that 
no question in regard to it has, as yet, come before the Supreme 
Court"(Ind.9). 

In Kentucky, the statute neither prescribes nor prohibits. 
^ ' Therefore, if nothing sectarian is introduced, religious exercises 
are permissible " (Ky.^^). 

In Iowa, ''neither the electors, the board of directors, nor the 
sub-directors can exclude the Bible from any school in the State " 
<Ia.i^). 

In Missouri, the directors may compel the reading of the 
Bible (Mo. «) 

In Dakota, the Bible may be read in school not to exceed ten 
minutes daily, without sectarian comment (Dak. 3). 

In 1869 the Cincinnati Board of Education forbade the read- 
ing of the Bible in the public schools of that city. An appeal was 
taken to the courts, and in 1870 the Superior Court of Cincinnati 
decided against the Board of Education. In 1873, the Supreme 
Court of Ohio reversed this judgment and sustained the Board of 
Education (O."^). 

In 1875, the School Board of Chicago followed the example 
of Cincinnati (111.^^), and forbade the reading of the Bible in the 
public schools. In 1878 the School Board of New Haven took 
similar action. 



CHAPTER VIII. 

susPE]srsioi^ A:Nri) expulsio:n". 

1. What the Teacher :\iay Eequike of the^^ 
Pupil. — It is a common custom to draw up^ prints and 
conspicuously post a long series of regulations for the 
conduct of pupils in tlie school-house and about the 
grounds, the practical effect of which is to suggest to 
them many forms of mischief which their unaided 
ingenuity would never devise. 

So far as these regulations pertain to the necessary 
discipline of the school, the authority is in the hands of 
the teacher, and though the methods employed by him 
do not please the trustees, the teacher cannot be removed 
except for incompetence or cruelty (405). 

a. Janitor Worlc, — Compare page 38. 

In Iowa, the general pinciple is thus laid down: 

Any rule of the school, not subversive of the rights of the 
children or parents, or in conflict with humanity and the precepts 
of divine law, which tends to advance the object of the law in. 
establishing public schools, must be considered reasonable and 
proper (la.''). 

The teacher cannot, however, compel pupils to da 
any janitorial work, like building fires, or sweeping the^ 
school-house (Ill.i5> Ia.i3> E. I.^- AVis.so^ Mo.*' etc). 

In 1856, Judge Cutting, of the Supreme Court in Maine decided 
that a boy attending school might be required by the teacher to 
build the fire at the school-house his proportion of the time, and 

(68) 



FOR WHAT PUPILS MAY BE EXPELLED. 69 

sustamed the teacher for flogging a boy because he refused to 
anake a fire (Me. ^^). But this decision stands alone, and is not 
good law (Mass. ^^). 

'*A cliild who wantonly carries dirt into the school-room, or litters 
paper over the floor, may be required to gather up such refuse as has been 
scattered. But this is as a punishment. It may be very desirable, under 
certain circumstances, to have such work done to save money; but no court 
will sustain a board in suspending a pupil for refusal to do the w^ork thus 
required" (IlL^-^- la. ^^-Ky.^ ). 

b. Pecuniary Fines. — The law confers upon trustees 
110 power to inflict j)ecuniary fines (K". Y. ^*- Wis. i^) 
even for injury to school property {JfSS, la^^). 

The law of New Jersey, however, provides for suspension as 
penalty for damage to school property. 

c. Tardy Pupils should not be kept in the entry or 
outside the building especially in cold weather (N. Y. 
^9'- compare page 52). 

2. Foe what Pupils may be Expelled. — The 
right to attend school is not absolute^, but is conditional 
upon compliance with the rules and regulations of the 
school (Vt. 2^). The parent has no right to interfere 
^vith the order of the school or the progress of other 
pupils by sending his own child at tinies^ and in condi- 
tion or under restrictions that will prove an annoyance 
and hindrance to others (la. i^). 

a. The Teacher may Stisp)end. — Accordingly there is 
vested in the teacher the right to suspend^ and in the 
trustees the right to expel pupils from school. 

Judge Vincent ruled that, though the authority to suspend or 
expel pupils from school is vested in the board of directors, the 
teacher has the right to exclude a refractory pupil temporarily 
from school. He said: 

We have lon^ held the opinion that the right to exclude a pupil tempor- 
arily from school was, in the absence of law to the contrary, inherent in the 



70 suspe]S'sio:n" akd expulsio^st. 

teacher's office, and that tlie exercise of this right under some circumstances 
is a necessity (O.^ ). 

This view is strongly held in Wis.^^-Mass.^^-^^- See also Vt. 
19. Cal.3- 

It has even been held that '' The master may expel a scholar 
when in his judgment the good order and proper government of 
the school requires it, and if he errs in good faith in the discharge 
of his duty he is not liable to action therefor '' (Vt.^'^). But it is 
generally understood that the power of the teacher extends only 
to temporary suspension, that the matter must be immediately 
brought before the trustees, and the trustees alone have the power 
to continue the suspension or to convert it into expulsion. In 
]S^ew Jersey, the statute directly provides that the teacher majr 
*' suspend from school any pupil for good cause " (N. J. ^). 

* ' If the offender is incorrigible, suspension or expulsion is the 
only adequate remedy. In general, no doubt, the teacher should 
report a case of that kind to the proper board for its action in the 
lirst instance, if no delay will necessarily result from that course 
prejudicial to the best interests of the school. But the conduct of 
the recusant pupil may be such that his presence in the school 
for a day or an hour may be disastrous to the discipline of the 
school, and even to the morals of the other pupils. In such a 
case it seems absolutely essential to the welfare of the school that 
the teacher should have the power to suspend the oiiender at 
once from the privileges of the school; and he must necessarily 
decide for himself whether the case requires that remedy. " 

i. The Trustees may Expel, — The law has been well 
stated as follows: 

' ' No pupil can be expelled from the public schools for a friv- 
olous or light or trivial cause. The teacher possesses the power 
and has the right to coerce obedience to the rules of school by 
proper and reasonable punishment, if it can be done, before the 
pupil is expelled from school. It is only when reasonable means 
or punishment of the refractor}^ scholar have failed to induce 
obedience that he can be justified in expelling such scholar. If, 
however, a ^q]io\{\v persists in disobeying the teacher, after proper 
admonition or punishment, to such extent as to justify the belief 



FOR WHAT PUPILS MAY BE EXPELLED. 71 

that the course of disobedience will be continued, then the trus- 
tees win be justified in expelling the scholar " (Ky.^^). 

In Rhode Island, the committee may suspend during pleasure 
all pupils found guilty of ' ' incorrigibly bad conduct or of viola- 
tion of the school regulations " (R. I. ^). 

In California, ' ' continued wilful disobedience or open defi- 
ance of the authority of the teacher constitutes good cause for 
expulsion, and habitual profanity or vulgarity good cause for 
suspension" (Cal.^). 

In Maine, the committee may ''expel from school any obsti- 
nately disobedient and disorderly scholar, after a proper investi- 
gation of his behavior, if found necessary for the peace and 
usefulness of the school " (Me. ^ ^). 

In Massachusetts, "the school committee has authority, not 
subject to revision if exercised in good faith, to exclude a pupil 
from a public school for misconduct which injures its discipline 
and management " (Mass. ^ ^ ^ ^). 

In Wisconsin, * '■ a pupil can be expelled where no rules have 
been made, v/hen flagrant misconduct or gross immorality renders 
it necessary for the good of the school" (Wis. 2^). 

In Iowa, ' ' the law does not require a- notice to parents 
of the intention to expel a pupil, or an opportunity for explana- 
tion or defence. The board has large discretionary power. This 
is one of the matters under their direction" (la.^^). 

In Minnesota, pupils may be suspended or expelled "for 
insubordination, immorality, or infectious disease " (Minn. *). 

Trustees may expel pupils for opeii^ gross immorality 
manifested by any licentious propensities^ language, 
manners, or habits, though not manifested by acts of li- 
centiousness or immorality within the school (Mass. ^^), 
or for such violent insubordination against reasonable 
and proper regulations of the school as to render it im- 
possible to maintain necessary discipline and order 
(132), or when in their judgment the good order and 
proper government of the school demands it (N. Y. ^^). 



72 susPEKSio^^ AND expulsio:n". 

If trustees will not expel them, a teacher may refuse to instruct 
large boys who treat her disrespectfully and refuse proper obedi^ 
ence. *'A female cannot be expected to control large boys by 
physical force" (K Y.^^) 

A boy expelled for impertinence should be readmitted if he 
apologizes (N. Y.^^3, compare page 73; and cannot be required 
to apologize upon his knees (N. Y.^®). 

** Pupils who go to school without proper attention tc cleanli- 
ness or neatness shall be sent home to be properly prepared for 
school" (Cal. 5). 

In most States pupils may be refused admission whose parents 
fail to provide them with the proper text-books for their classes. 
All States make provision for supplying text- books to children 
whose parents are unable to purchase them. 

3. ExpULSiO]!^' IS OKLY FKOM ScHOOL. — It Is not in 
the line of duty for trustees to refuse a person expelled 
from a school the quiet enjoyment of an exhibition held 
by a literary society of a school in the school building. 
In charging the jury in such a case, the Judge remarked: 

To say that a student expelled from a school for disobedience 
to some municipal regulation should be excluded from attending 
a prayer meeting or public lecture in the school- house or college 
premises for all time to come, without any evidence of improper 
conduct or suspicion of improper purposes, w^ould be an exercise 
of tyranny over his private rights not vested in the trustees, 
'directors, or professors of our educational institutions (Pa.^). 

4. How TO EKFOKCE EXPULSio^vT. — If a pupil who has 
been suspended or expelled refuses to leave the build- 
ing, a New York teacher or trustee may at once enter a 
complaint before any justice of the peace or city magis- 
trate under the following provision: 

Any person who shall wilfully disturb, interrupt, or disquiet 

any district school or school meeting in session shall forfeit 

twenty -five dollars for the benefit of the school district (234, com- 
pare Wis. 2 2 Me. 1 3 Ind. ^ « Cal. ^ N. J. ^j. 



HOW lo:n"g should expulsiois^ co2^ti:nue ? ?3 

5. How lo:n'g should Expulsio^^ Coktij^ue ? — 
This may be inferred from several illustrative decisions. 

a. A Neio York Decision, — On April 8, 1874, L. H. 
Hancliett was suspended from the Union School at 
Phoenix, N. Y., ''^for disrespectful conduct and lan- 
guage towards his teacher/^ and the board refused to 
restore him until he should make apology. He refused 
to make such apology ^ on the ground that he had been 
unjustly dealt with in reference to a certain examina- 
tion, and more than a year afterwards he appealed to 
the State Superintendent to be readmitted to the school 
without apology. The Superintendent's decision reads 
as follows: 

The language of the appellant to his teacher was such as no 
provocation would ever justify a gentleman in using toward a 
lady, as the teacher is ; and the appellant's own sense of self- 
respect and of what under the circumstances was due from him 
to his teacher should have led him to make the apology of his 
own free-will without a demand for it from the board in behalf 
of the offended party. But it appears that the appellant persist- 
ently refuses to do not only the teacher but himself justice in the 
matter, for in view of the offence committed, making at least the 
reparation of an apology for the language used, was, in my 
opinion, an act of justice even to himself, which he should have 
been not only willing but eager to perform. But in view of the 
fact that the appellant has already been kept from the privileges of 
the school for more than a year, and that such a suspension may be 
well deemed a sufficient punishment for the offence, committed as 
it probably was under unusual excitement and by a scholar of 
uniform previous good conduct, the appeal is, I must admit with 
considerable reluctance, sustained, and the respondents are di- 
rected to restore the appellant to the privileges of the school, on 
presenting himself for that purpose (N. Y.^^). 

The principle here affirmed is that when the suspen- 
sion has been continued long enough to be a sufficient 



74 susPE2>rsiOK akd expulsion. 

punishment^ the scholar must be received without 
acknowledgment of the wrong committed. 

b. The Usual View. — This is not the view commonly 
held. In Maine^ the statute directs the committee to 
restore the pupil ^^ on satisfactory evidence of his re- 
pentance and amendment ^^ (Me.^^). 

c. A Rhode Island Decision, — In Khode Island the 
principle involved has been clearly stated. On March 
9, 1870, a scholar named Fuller resisted the authority 
of J. R, Davenport, principal of the Woonsocket High 
School. The teacher suspended him. The committee 
justified the teacher in the suspension, but voted to re- 
store the boy unconditionally. The teacher appealed 
from the committee to the State Commissioner of Public 
Schools, who rendered the following decision: 

In the case of Master Fuller, no punishment has as yet been 
inflicted for the offence committed, save that indirectly following 
the publicity of suspension from school ; and so far as the vote 
of the committee extends, there has been no requirement made 
Avhich secures to the governing power of the school a recognition 
of the violation of law, or a proper pledge of future obedience. 
If the scholar so disobeying be allowed to return to the school- 
room without such acknowledgment of wrong, or a promise of 
future obedience, the discipline of the school would instantly 
be degraded to the position occupied by the offender, and to a 
state of discord in harmony with the offence. On the other hand, 
the recognition, on the part of the offender, of the offence com- 
mitted, as well as an acknowledgment of the authority of the 
teacher to regulate the internal police of his school, with a pledge 
of future obedience, not only honors proper and legitimate gov- 
ernment and establishes it upon a proper basis, but it also honors 
the instinctive regard for truth, virtue, and correct deportment on 
the part of those who may have fallen into a fault, perhaps hastily 
and thoughtlessly. 



KO DAMAGES FOR EXPULSIO]^ IK GOOD FAITH. 7a 

Tl'pon this view of the case stands the whole question of good gov- 
ernment and discipline at home or at school. If the parent or 
teacher be at once deprived of the power of judging of the value 
of an oE^ence, from its intrinsic character and its attendant circum- 
stances, and also of the power to administer merited punishment 
for offences, as well as of the granting of pardon and forgiveness 
on the ground of true reformation, the whole foundation and 
superstructure of disciplinary government are thrown down, and 
misrule must and will prevail. 

•The wise and judicious teacher is jealous of his true rights and 
prerogatives, and is the best judge as to the influences of the 
school room, which help on the one hand to maintain, and on 
the other to subvert, good government. The look and the gesture 
may mean more of good or ill than the word and the act ; and it 
would not tend to the welfare of our schools, or to the sup- 
port and dignity of home or school government, to subject 
every act of the teacher or the parent to the severe tests of 
legal scrutiny, or the partisan attacks of interested counsellors. 
In view, therefore, of the general application of the vote passed 
by the school committee of Woonsocket, by which said committee 
decided to admit Master Fuller to regular standing in the high 
school, and in view of its specific application to the school of 
which he was a member, as well as its practical influence upon 
all the schools of the town, if carried out, I am forced to the con- 
clusion that it would not be for the welfare of the schools to allow 
this vote to be carried into effect, and I therefore declare said vote 
to be null and void (R. I.*). 

6. jSTo Damages for Expulsion in good Faith. — 
Trustees are not liable for damages for expelling a 
pupil, even though the rule be unwarrantably severe, 
provided they act in good faith (Vt.^^). 

To recover damages, the person must first appeal to school 
officers who have the power to reinstate him, if there be such 
(Mass.^^), and prove the action of the officers excluding him to 
have been wanton and malicious (111. ^ ^). 

In Missouri, it was decided that when trustees had expelled a 
pupil for attending a social evening party in violation of a rule 



76 SUSPEKSIOK AND EXPULSION. 

of the school, no suit for damages could be sustained. The Court 
said: 

Whether the rule was a wise one or not, the directors and teachers are 
not liable to an action for damages for enforcing it, even to the expulsion of 
the pupil who violates it. While this Court might, on mandamus to compel 
the Board and teacher to admit a pupil thus expelled, review the action of 
the board and pass upon the unreasonableness of the rule— which we do 
not, however, decide here— yet the doctrine that the courts can do this is 
very different from that which would hold the directors liable in an action 
for damages for enforcing a rule honestly adopted for the maintenance of 
discipline in the school. That such an action is not maintainable is fully 
established by Mo.^ Mass.^o NY.^". See also Mo.^o; 11 Johns. 114; 1 East. 555; 
Me.^2 ;Neb.6 Pa.* Ind.'^ la.^^ 111.^'. ^^ O. \ But see also 0.^° Cal.^ N. Y.^'-^^ ]v^ jj 5 
Conn.'* Mo." 1 Denio, 599 ; 3 Denio, 117. 

Judges Norton, Napton, Hough, and Sherwood concurred in 
the following view : 

It certainly could not have been the design of the Legislature to take 
from the parent the control of his child while not at school, and invest it in a 
I)oard of directors or teacher of a school. If they can prescribe a rule which 
denies to the parent the right to allow his child to attend a social gathering, 
except upon pain of expulsion from a school which the law gives him a right 
to attend, may they not prescribe a rule which w^ould forbid the parent 
from allowing the child to attend a particular church, or any church at all, 
and thus step in loco parentis and supersede entirely parental authority? The 
directors, in prescribing the rule that scholars who attended a social party- 
should be expelled from school, went beyond their power, and invaded the 
right of the parent to govern the conduct of his child, when solely under his 
charge. My concurrence in the opinion of the court is based upon the sole 
ground that malice, oppression, and wilfulness on the part of the defendants 
^re not sufficiently charged in the petition (Mo.^°). 



CHAPTER IX. 

THE TEACHER AKD THE PARE:N"T. 

iJxcEPT as. to the power of compelling the pupil ta 
attend school punctually upon all school-days (see Chap^ 
ter v.), and to take all the studies pursued by a cer- 
tain class (see Chapter VI. ), the relation of the teach- 
er^s authority to that of the parents may be considered 
definitely established. 

1. Deriyatio^^ of Authority. — The teacher does not 
derive his authority from the parents. He holds a public 
office created by the law. He is legally responsible onlj 
to the trustees who hire him. Between the teacher and 
the child the parent can personally interfere only by 
removing the child from the school (N. Y. ^ ^ Me. ^ ^ Yt. ^ ^ 
0.11 Wis.13). 

2. The Schoolmaster^s Castle. — The school-house 
is the schoolmaster's castle. Upon this point the fol- 
lowing forcible statement is fully warranted: 

This old maxim of English law (5 Rep. 92), is as applicable to 
the schoolmaster as to any other person who is in the lawful pos- 
session of a house. It is true that the school officers, as such, 
have certain rights in the school-house; but the law will not allow 
even them to interfere with the teacher while he keeps strictly 
within the line of his duty. Having been legally put in possession, 
he can hold it for the purposes and the time agreed upon; and no 
parent, not even the Governor of the State nor the President of the 
United States, has any right to enter it and disturb him in the law- 

(77) 



78 THE TEACHER AND THE PAREi^T. 

fill performance of his duties. If persons do so enter, he should 
order them out; and if they do not go, on being requested to do 
so. he may use such force as is necessary to eject them. And if 
he finds that he is unable to put them out himself, he may call 
on others to assist him . and if no more force is employed than is 
actually necessary to remove the intruder, the law will justify the 
teacher's act and the acts of those who assisted him (27 Maine, 256; 
1 City Hall Eec. 55; 2 Met 23, 6 Barbour, 608; 8 T. R 299; 2 
Ko. Abr. 548; 2 Selk. 641; 1 C. & P. 6; 8 T. R 78; Wharton's Am. 
Criminal Law, 1256) — The Lawyer in the ScTwol-room, 1871, p. 
120. 

Protection hy Law, — The teacher^s best defence 
against querulous or insulting visits of parents to the 
school-room is found in that provision of the statute 
already once quoted (see page 72). 

Any person who shall wilfully disturb, interrupt, or disquiet 
any district school . . . shall forfeit twenty-five dollars for 
the benefit of the school district. 

It shall be the duty of the trustees of the district, or the teacher 
of the school, and he shall have the power to enter a complaint 
against such offender before any justice of the peace of the coun- 
ty. . . . The magistrate . . . shall thereupon 
cause the person to be arrested and brought before him for trial. 

The efficacy of this remedy against disturbance in the 
school-room should be more generally understood by 
teachers. The law is explicit^ and any justice of the 
peace is oiliged upon complaint of the teacher to bring 
the guilty party to trial. 

3. On the Egad to and from School. — In regard 
to what transpires by the way in going to and returning 
from school, the authority of the teacher is regarded in 
most States as concurrent with that of the parent. 

The decisions of the State Superintendents of New York have 
followed the precedent established in the following paragraph iu 



0:&s^ THE KOAD TO A^D FROM SCHOOL. 79 

a Digest of the Common School System of the State, S. S. Ran- 
dall, 1844, p. 262: 

The authority of the teacher to punish his scholars extends to acts done 
in the school-room or playground only; and he has no legal right to punish 
for improper or disorderly conduct elsewhere.— Per Spenmr, Sup't, 

Thus Sup't Gilmour ruled: 

I am aware of the existence of no law under which trustees or teachers 
have the right to regulate the conduct of scholars out of school hours and 
when away from the school (4^5). 

Sup't Ruggles wrote Jan. 31, 1885: 

It has been held by this Department, that a teacher's authority over 
pupils ceases after the close of school and when they retire from the school 
grounds {School Bulletin, Feb., 1886, p. 62). 

Sup't Draper has expressed to the author the same opinion. 

But this is not sustained by legal decisions in any other State 
(Vt. 2 3 la. 7 Mass. ^ ^ ; but see Mass. ^ o Ja. i ^ Mo. i »). The laws of 
California, Kentucky, New Jersey, and Virginia distinctly confer 
upon the teacher power to hold the pupil accountable for his con- 
duct on the way to and from school, and the general law upon 
this subject is well summed up by Superintendent Briggs, of Mich- 
igan, in the The School Laics of Michigan, 1873, pp. 204-206. The 
additional references are ours. 

a. In the School-room, Absolute. — In the school-room 
the teacher has the exclusiye control and supervision of 
his pupils^ subject only to such regulations and direc- 
tions as may be prescribed or given by the school board. 

5. On the Playground, Absolute. — The conduct of 
the pupils upon any part of the premises connected with 
the school-house or in the immediate vicinity of the 
same (the pupils being thus virtually under the care and 
oversight of the teacher)^ whether within the regular 
school hours or before or after them^ is properly cogniz- 
able by the teacher. And any disturbance made by 
them within this range, injuriously affecting in any way 
the interests of the school, may clearly be the subject of 
reproof and correction by the teacher; 



80 THE TEACHER AND THE PAREKT. 

c. On the Road, Concurrent, — In regard to what 
transpires by the way in going to and returning from 
school^ the authority of the teacher may be regarded as 
concurrent with that of the parent. 

So far as offences are concerned for which the pupils com- 
mitting them would be answerable to the laws, such as larceny, 
trespasses, etc., which come particularly within the category of 
crimes against the State, it is the wisest course generally for the 
teacher (whatever be his legal power*), to let the offender pass into 
the hands of judicial or parental authority, and thus avoid being 
involved in controversies with parents and others, and exposing" 
himself to the liability of being harassed by prosecution at law. 

But as to any misdemeanors of which the pupils are guilty in 
passing from the school-house to their homes, which directly and 
injuriously affect the good order and government of the school, 
and the right training of scholars, such as truancy, wilful tardi- 
ness, quarrelling with other children, the use of indecent and pro- 
fane language, etc. , there can be no doubt that these come within 
the jurisdiction of the teacher, and are properly matters for disci- 
cipline in the school. 

A recent decision of the Supreme Court of Vermont illustrates 
and fully accords with the foregoing positions. The Court de- 
cided that such misdemeanors have a direct and immediate ten- 
dency to injure the school by subverting the teacher's authority, 
and begetting disorder and insubordination among the pupils. 
The same doctrine is substantially recognized by the Supreme 
Courts in some other States. . . . The governing principle in 
all cases like the Vermont case is. that loliatever in the misconduct 
of pupils under like circumstances, as to time and place , etc, lias a 
direct tendency to injure tlie school in its important interests, is 
properly a subject of discipline in the school. 

It is sometimes objected to the foregoing views that the re- 
sponsibilities of teachers are in this way enlarged to an improper 

* The teacher cannot punish a pupil for refusing to confess a crime for 
which he might be punished at law.— Pt^Wic School Acts qf Rhode Island, 1857, 
p. 53. 



ox THE ROAD TO AXD FROM SCHOOL. 81 

extent; that if their authority extends beyond the school-house 
limits and the school hours, their responsibilities must be increased 
in a corresponding ratio. But to this it may be answered, that 
the matter is to have a reasonable construction ; that it cannot be 
expected that a teacher will follow his pupils into the streets to 
watch their conduct when beyond his view and inspection ; the 
extent of his duty in this respect can be only to take cognizance 
of such misconduct of his pupils, under the supposed circum- 
stances, as may come to his knowledge incidentally, either 
through his own observation or other proper means of information. 

The view that acts, to be within authority of the 
school-board and teachers for discipline and correction 
must be done within school hours, is narrow and with- 
out regard to the spirit of the law and the best interest 
of common schools (la. i^). 

Specific Enactments, — The rules and regulations of the public 
schools of Kentucky say. '* The pupils of the school are under 
the authority of their teachers while in school and while going to 
and from school" (Ky.^), but ''it is not to be inferred by this 
that the teacher is to be held responsible for such misconduct, or 
must punish it " (Ky. ^ s). 

The regulations of California state: " It is expected that teach- 
ers will exercise a general inspection over the conduct of scholars 
going to and returning from school " (Cal. ®). 

In Indiana, ''school teachers and trustees cease to have con- 
trol over pupils when they reach home after dismissal from 
school. On the road they have control. They cannot compel 
pupils to study at home or anywhere except at school " (Ind.^^j 

In New Jersey, the law provides that "every teacher shall 
have power to hold every pupil accountable in school for any dis- 
orderly conduct on the way to and from school, or on the play* 
grounds of the school, or during recess, and to suspend from 
school any pupil for good cause " (N. J.^). 

In Massachusetts, it was held that Charlotte A. Sherman was 
rightly expelled for acts of immorality and licentiousness com- 
mitted out of school (Mass. ^^). 



82 THE TEACHER Ai^D THE PAREN^T. 

In Iowa, * 'if the effects of actions done outside of school reach 
within the school during school hours, they may be justly forbid- 
den" (la.i^); but it was held that a boy could not be expelled for 
publishing a newspaper article ridiculing the school directors 
(Ia.i^), 

In Iowa, " that the teacher and parents have joint control OYev 
children on their way to and from school is a well-recognized 
principle. The teacher ought to secure the co-operation of the 
parent in such matters, if possible, to avoid the continual friction 
caused by this joint control " (la. ^ ^). 

In Missouri, however, the Superintendent decides: **If the 
parent will not co-operate with the board or teacher (the board's 
agent) by watching over and controlling the child out of school 
hours, and off the school premises (when and where the board can- 
not exercise direct control or legal power), and such neglect of the 
parent works to the injury of school discipline or order, the 
board may expel the pupil '' (Mo. ^ ^). But in another case, the 
Court decided that school- directors exceeded their authority in 
expelling a boy for attending an evening party (Mo. ^ ^). 

In Ehode Island, ''the power to punish for offences out of 
school is doubtful" (R. I.^). 

Inspector Willm, of the Academy at Strasbourg, gave as the 
French interpretation of the law: '' The road leading to the school 
is truly a part of it, if we may so speak, as well as the play- 
ground. Consequently any disorders committed by the pupils on 
it ought to be suppressed" (France^). 

The Vermont case referred to by Superintendent Briggs was 
as follows. The defendant was the teacher of a district school in 
Burlington, and the plaintiff was a scholar eleven years old. One 
afternoon, an hour and a half after the close of school, after the 
boy had returned home from school, and while he was doing an 
errand for his father, the bo}' called the teacher '* Old Jack Seaver/* 
in the presence of other scholars of the school. The next morn- 
ing, after school had opened, the teacher whipped the boy with a 
rawhide, and the court sustained him (Yt. ^ ^). 

Horace Mann's Opinion, — Horace Mann thus laid 
down the law which may be considered as still prevailing: 



OK THE KOAD TO AKD FKOM SCHOOL. 83 

On the one hand, there is certainly some limit to the jurisdic- 
tion of the committee and teachers, out of school hours and out 
of the school-house; and, on the other hand, it is equally plain, if 
their jurisdiction does not commence until the minute for opening 
school has arrived, nor until the pupil has passed within the door 
of the school-room, that all the authority left to them in regard 
to some of the most sacred objects for which our schools were in- 
stituted would be of little avail. To what purpose would the 
teacher prohibit profane or obscene language among his scholars, 
within the school-room and during school hours, if they could 
indulge in it with impunity and to any extent of wantonness as 
soon as the hour for dismissing school should arrive ? To what 
purpose would he forbid quarrelling and fighting among the 
scholars, at recess, if they could engage in single combat or mar- 
shal themselves into hostile parties for a general encounter within 
the precincts of the school-house, within the next five minutes 
^fter the school-house should be closed? And to what purpose 
^^ould he repress insolence to himself, if a scholar, as soon as he 
had passed the threshold, might shake his fist in his teacher's 
face, and challenge him to personal combat? These considerations 
v\'0uld seem to show that there must be a portion of time, both 
before the school commences and after it has closed, and also a 
portion of space between the door of the school-house and that of 
the parental mansion, where the jurisdiction of the parent on one 
side and of the committee and teachers on the other is concurrent 
<Mass.3i). 

d. Punishment hiflicted only on School Premises, — 
Punishnient even for offences out of school must, how- 
ever, be inflicted only on the school premises. 

In 1859, a teacher in Bedford, Ind. , named Ariel Flynn, pun- 
ished a boy on his way home from school for an act which the teach- 
er saw him commit at that time. The Court instructed the jury 
tiiat although the defendant as a teacher was by law vested with 
the delegated authority to exercise control over the boy as hia 
pupil during school hours, yet after the adjournment of his school, 
and after the boy had left him and was on his way home, his au- 
thority over him had terminated, and his act of administering 



84 THE TEACHER AKD THE PARENT. 

correction under the circumstances was unauthorized by law^ 
(Ind.i3). 

4. Detention after School. — Teachers may, at 
their discretion^ detain scholars a reasonable time after 
the regular school hours, for reasons connected with 
the discipline, order, or instruction of the school. 

This practice has been sanctioned by general and immemorial 
usage among the schools, and by the authority and consent of 
school boards, expressed or implied, and has been found useful 
in its influence and results. There is no law defining precisely 
school hours, as they are termed, or the hours within which schools 
are to be kept. This is regulated by usage, or by the directions 
of school boards, varying in diiferent localities, and also in differ- 
ent seasons of the year. The practice under consideration, of 
occasionally detaining pupils after the regular school hours for 
objects connected with the school arrangements, rests upon pre- 
cisely the same authority. The same superintending powder that 
regulates the one, does the same thing in the other ; yet the right 
in question should always be exercised by teachers with proper 
caution and a due regard to the wishes and convenience of parents 
(Mich. 4). 

In California, the regulations provide that ''no pupil shall be 
detained in school during the intermission at noon, and a pupil 
detained at any recess shall be permitted to go out immediately 
thereafter. All pupils except those detained for pimishment sliall 
le required to pass out of the school-room at recess, imless it would 
occasion an exposure of health " (Cal, ^). 

5. The Use of Tobacco. — Sup't Buggies, of New 
York, wrote, Dec. 31st, 1885: 

1 think you have good right, if authorized by trustees, to dis- 
cipline scholars /<??' using tobacco in tlie scJwol, for irregular at- 
tendance, for bad conduct, or for refusing to make good damages 
done to school property (Sclwol Bulletin^ Feb., 1886, p. 62). [On 
this last point see page 69.] 



DIG]S^ITY OF THE TEACHEE's OFFICE. 85 

Sup^t Morrison wrote^, in January^ 1886: 

I am of the opinion that the teacher has a right to forbid the 
use of tobacco by pupils on the school grounds (same reference), 

6. DiGJS^iTY OF THE Teacher^s Office. — This sub- 
ject of the relation of teachers to parents we have 
treated at considerable lengthy because it is commonly 
misunderstood. The teacher should feel that he is not 
B hired servant of the individual inhabitants of the dis- 
trict, to be criticised and thwarted, and at the best but 
tolerated. He has legal rights, and no inconsiderable 
legal authority. He should deserve and demand the 
respect due the dignity of his office. ^^Pull off thy 
hat, Sire,^^ said the schoolmaster to Charles II., ^^for if 
jny scholars discover that the king is above me in au- 
thority here, they will soon cease to respect me.^^ 



CHAPTER X. 

CORPORAL PUNISHMENT. 

1. The General Law.— Paragraph 98 of the pres- 
ent school law of New Jersey reads as follows: 

No teacher shall be permitted to inflict corporal punishment 
upon any child in any school in this State (Bev. St., 1877, p. 1087). 

Some cities^ notably New York and Syracuse, in like 
manner forbid corporal punishment in their own schools. 
Other cities, like Chicago, permit corporal punishment^ 
but discourage it. In the great majority of schools, the 
teacher has the right, conferred by usage and confirmed 
by legal decision, to enforce discipline by means of cor-^ 
poral punishment. 

Even if a person over twenty-one years of age voluntarily 
attends school and is received as a scholar, he has the same rights 
and duties and is under the same restrictions and liabilities as if 
under that age (Me.^^); but not for absence or refusal to take 
certain subjects, the proper punishment for this being expulsion 
(Ia.^Ind.8'1*). 

The principal may, of course, punish for offences committed 
in other departments of the school (Wis.^^) 

It is sometimes held that punishment must be inflicted by the 
teacher and not by any supervisory officer, but on this point com- 
pare page 19. 

Thus it is stated in the School Law of Pennsylvania: 

The right of the teacher to inflict such punishment is founded 

upon the necessity of the case and not upon statute. It is abso- 

(86) 



THE GE]^EEAL LAW. 87 

lutely necessary that good order should be maintained in schools, 
and that all proper rules, regulations, and commands of the 
teacher should be strictly and promptly obeyed. Hence a neces- 
sity exists for sufficient power to enforce this duty, and therefore 
it is held that the teacher may inflict such reasonable corporal 
punishment upon the pupil as the parent might inflict for a similar 
case (Pa^ see also Pa.^ N. C.^- 3). 

Among the opinions 'and decisions appended to the 
Neii^ Sdiool Law of Indiana (1873) we find the law 
summed up in these paragraphs. The head-lines and 
references to other authorities are our own. 

a. Largely in the Judgment of the Teacher. — A school teacher 
while in the school-room is responsible for maintaining good or- 
der, and he must be the judge to some extent of the degrees and 
nature of the punishment required when his authority is set at 
defiance ; and although he will be held amenable to the law for 
any abuse of this discretion, still he will not be held liable on the 
ground of excessive punishment unless the punishment is clearly 
excessive, and would be held so in the judgment of reasonable 
men(Tenn.3 Yt.4). 

5. Cause, Instrument, Manner, Temper. — A teacher, in the ex- 
ercise of the power of corporal punishment, must not make such 
power a pretext for cruelty and oppression ; but the cause must 
be sufficient, the instrument suitable, and the manner and extent 
of the correction, the part of the person to which it is applied, 
and the temper in which it is inflicted, should be distinguished 
with the kindness, prudence, and propriety which become the 
station (Mass. ^ 2 Ind. ^ s. 1 e ja. e). 

c. JSfo Unreasonable Violence. —A. school teacher is liable crim- 
inally if, in inflicting punishment upon his pupil, he goes beyond 
the limit of reasonable castigation, and, either in the mode or 
degree of correction, is guilty of any unreasonable or dispropor- 
tionate violence or force ; and whether the punishment was ex- 
cessive under the circumstances, is a question for the jury 
(Mass. 3 2). 

d. Li Moderation.— X. parent is justified in correcting his child 
by administering corporal punishment, and a schoolmaster, under 



88 COKPOEAL PrXISHMEXT. 

whose care and instruction a parent has placed his child is equal- 
ly justified in similar correction; but the correction in both cases 
must be moderate, and given in a proper manner (Me,^'' N. C.^). 
e. In Proper Spirit. — As to the spirit in which the punishment 
must be administered by the teacher, I would say it should not be 
in malice, and for the purpose of gratifying a malicious feeling, 
but in a proper spirit, with the sole object of maintaining his au- 
thority and preserving the order and decorum of his school ; and 
even when inflicted in this spirit, it must not be excessive or in- 
human; for such excess, the party inflicting it will be guilty of 
assault and battery (Ind. ^ ^' ^ ^). 

In New York^ the compilation of Decisions of the 
Superintendent of Common Schools^ published by Su- 
perintendent John A. Dix in 1837, contained this opin- 
ion (pp. 101, 102), which has since been regarded as 
authoritative in this State (Common School System, 
S. S. Eandall, 1844, p. 262; 408): 

If a teacher inflicts unnecessarily severe punishment upon a 
scholar, he is answerable in damages to the party injured. 
, . . With regard to the right to punish, no general rules have 
been laid down, and it would be diflScult, if not impossible, to 
make any which would be applicable in every case. The prac- 
tice of inflicting corporal punishment upon scholars in any case 
whatever has no sanction but usage. The teacher is responsible 
for maintaining good order, and he must be the judge of the de- 
gree and nature of the punishment required, where his authority 
is set at defiance; at the same time, he is liable to the party in- 
jured for any abuse of a prerogative which is wholly derived from 
custom. 

2. Pkeferable to Expulsion. — Another decision in 
the same vohime, p. 145, shows the view then held by 
Governor Dix as to the alternative of punishment and 
expulsion : 

A teacher must, for the purpose of maintaining proper order 
and discipline in his school, have a right to employ such means 



PREFERABLE TO EXPULSION". 89 

of correction as he may deem necessary to the accomplishment 
of the object. For any unnecessary or excessive severity he 
ivould be answerable for damages in a suit of law to the person 

aggrieved. 

A teacher ought not, I think, to dismiss a scholar from school. 
From the nature of the common school system, teachers are, as a 
general rule, bound to receive and instruct all children sent to 
them. If a scholar is so refractory that he cannot be managed, 
and his dismission becomes necessary to the preservation of order, 
I think the teacher should la}^ the matter before the trustees for 
their direction ; but not until the ordinar}^ means of correction 
had been fully tried and found unavailing. 

We believe this to be sound doctrine. While cor- 
poral punishment should be seldom necessary^ the pupils 
should not know that the power to inflict it is taken 
from the teacher. Impertinence^ for instance^ always 
the utterance of a weak and cowardly nature, can be 
easily checked only by the certainty of immediate and 
physically painful punishment. Deprivation of recess 
or extra tasks often develop it into confirmed insolence, 
and expulsion follows. The boy whom one tingling 
blow of the ferule might have saved, thus grows up in 
low-bred ignorance. Instances like this we have known; 
and we do not believe that Boards of Education should 
take away this right of the teacher, or that teachers 
themselves should ostentatiously renounce it. If the 
teacher has determined to maintain good order without 
the use of the rod, it does him honor, and we wish him 
success. But let liim keep his resolution to himself. 
There are pupils who fear only what hurts them ; and 
they may bring about a crisis when only the rod, and 
that vigorously applied, will maintain order in the 
school room. 



90 COEPOKAL PUNISHMENT. 

3. Severity of Punishment. — a. General Prin- 
ciple. — The old common law as to the extent of cor- 
poral punishment was as follows : 

The law confides to school teachers a discretionary power in 
the infliction of punishment upon their pupils, and will not hold 
them responsible criminally, unless the punishment be such as to 
occasion permanent injury to the child, or be inflicted merely to 
gratify their own evil passions (Wharton's Criminal Law, 5th ed., 
vol. i., p. 669). 

But this remark is found in Cooleys^ Blackstone, 2d 
ed^ vol. i.^ p. 453. 

It may be proper to observe, however, that public sentiment 
does not now tolerate such corporal punishment of pupils iu 
schools as was formerly thought permissible, and even necessary. 

No line can be drawn between the use of the rod and 
its abuse ; but the following cases will illustrate actual 
decisions : 

&. A Case in North Carolina.— ■'R^iCheX Pendergast kept a 
school for small children, and punished one of them with a rod 
to such an extent as to leave marks, all of which were likely to 
pass away in a short time and leave no permanent injury. The 
judge instructed the jury that if they believed that the child (six 
or seven years of age) had been whipped by the defendant at that 
tender age, with either a switch or other instrument, so as to pro- 
duce the marks described to them, the defendant was guilty. The 
jury under this charge returned a verdict of guilty, and the case 
was afterward argued in the higher courts. Here Judge Easton 
held teachers exceed the limits of their authority when they cause 
lasting mischief, but act within the limits of it when they inflict 
temporary pain. In this case the marks were temporary, and in 
a short time disappeared. No permanent injury was done to the 
child. The only appearances that could warrant the belief or 
suspicion that the correction threatened permanent injury were 
the bruises on the neck and arms; and these, to say the least, were 
too equivocal to justify the Court in assuming that they did 



SEVERITY OF PUKISHMEKT. 91 

threaten such mischief. "We think, also, that the jury should 
have been further instructed, that however severe the pain in^ 
flicted, and however, in their judgment, it might seem dispropor- 
tionate to the alleged negligence or offence of so young and tender 
a child, yet if it did not tend to produce or threaten lasting mis- 
chief, it was their duty to acquit the defendant; unless the facts 
testified induced a conviction in their minds that the defendant 
did not act honestly in the performance of duty, according to 
her sense of right, but under the pretence of duty was gratifying 
malice (N.C. 4). 

6\ A Case in Illinois. — In Fairfield^ 111.^ a boy over 
fourteen failed to learn his grammar lesson. The teach- 
er ordered him to take off his coat to be whipped^ or to 
be expelled. The boy refused^ and was expelled. A 
controversy arose as to the demand made for the boy to 
pull off his coat. The Superintendent's decision was as 
follows : 

The law will not sustain the teacher in so barbarous an act as^ 
compelling a pupil to take off his coat and be whipped for failing 
to learn a lesson. Such an act would subject the teacher to pros- 
ecution, and I do not believe there is a court in the State that 
would not impose a fine upon him. . . In my opinion, any 
teacher that cannot create an interest in his pupils on the side of 
good order and good lessons without resorting to such means, is 
not fit for the school-room, and the sooner a district dispenses 
with his services the better (111.^2). 

d. A Case in Connecticut. — On July 21st, 1865, John 
G. Lewis, principal of one of the public schools of New 
Haven, Conn., was brought before the City Court for 
assault and battery on Francis M. Hoban, one of his 
pupils. The Court stated the case, and decided it as 
follows : 

On the 21st of July last, and during the regular school hours,. 
Mr. Lewis, as a punishment for some supposed misdemeanor on 
the part of young Hoban, directed him to take his book and gota 
tiie recitation room. The order w^as reluctantly obeyed. At the , 



92 COEPORAL rUKISIIME:^T. 

-closing of the school, but before the pupils had retired, he came 
out of the room without permission, and was immediately or- 
dered back by the teacher. The order was several times reixjated, 
and Hoban repeatedl}' refused to obey. Seizing two or three 
brushes, which were lying near by, with oaths and language most 
foul, and threats of violence if the teacher approached him, he 
■dared him to come on, and all this in the presence of a large 
number of the scholars. Hoban is a boy of fourteen years of 
.age, of fair size for his years, and, as it would seem, possessed of 
more than ordinary strength, It is clear, under all the circum- 
stances, there was but one course for the teacher to pursue. He 
must vindicate his authority. It was necessary for the good of 
the school, as w^ell as of the boy himself, that he should learn 
obedience and submission to that authority. For the milder 
offence, a mild punishment had been inflicted by sending him to 
the recitation-room "to study by himself. For the more serious 
offences, the insults to the teacher, the refusal to obey a proper 
command, the vulgar and profane language, the threats to kill 
the teacher if he should attempt to whip him, it was manifestly 
fitting and proper that he should receive a severe punishment. 
Mr. Lewis now approached the boy, who endeavored to strike 
him with the brushes. A struggle ensued, in which the teacher, 
notwithstanding the violent resistance of the pupil, succeeded in 
pushing him into the recitation-room; but I do not find that he 
used more force than was necessary to accomplish this object. I 
do not find that the whipping was either cruel or excessive, and 
though severe, taking into consideration all the circumstances 
under which it was inflicted, it was not in my judgment unrea- 
;sonable, but entirel}^ justifiable. The accused is therefore dis- 
charged (Conn. 5). 

e. Two Cases in Neio York. — (1) The facts appear to be that the 
pupil flatly refused to obey the teacher, by not taking the scat he 
was directed to take. The teacher came toward the boy, intend- 
ing to compel him by force to take the seat assigned to him. The 
boy, with an oath, bade the teacher not to come near him, and, as 
the teacher approached, the boy struck at him several times. The 
teacher caught the boy, and with force put him in his seat, the 
boy meantime kicking, striking, yelling, and swearing. To stop 



SEVERITY OF pu:isrisHME:s"T. 95 

this outrageous and unseemly noise, the teacher took the most 
effectual measure at his command ; he intercepted the passage of 
air between the lungs and the vocal organs long enough to sup- 
press the disturbance, but not long enough to injure the bo}'. 
But the boy was not subdued by any such gentle restraint, for na 
sooner was he left alone than he ran out of doors. The teacher 
pursued and caught him, and brought him back to the school- 
room, not, it appears, without some considerable force, for the 
boy struggled with all his strength; and it would really not be 
strange if in the struggle he received some severe blows. And 
for this the Superintendent is asked to annul the certificate of 
the teacher. I decline to do anything of the kind. The teacher, 
in the matter of the boy, did no more than he was compelled ta 
do; he might have done much more, and still be acquitted of in- 
flicting cruel and unusual punishment. It was not cruel, and if 
it was unusual, it was only so because the conduct of the bo}^ 
was unusual (409.) 

(2) A teacher, for an act of disobedience, ordered a boy, fifteen 
3'ears of age, to hold out a book of the ordinary size used in 
school, at arm's length, level with his shoulder. The boy, after 
holding it in that position from five to eight minutes, let it fall, 
and said he could not hold it any longer. On being ordered to 
hold it out again, he peremptorilj^ refused. The teacher then, 
with a curled maple rule, over twenty inches long, one and three 
quarters wide, and half an inch thick, struck him from fifteen to 
twenty blows on his back and thighs, and in so severe a manner 
as to disable him from leaving the school without assistance. A 
physician was called, and found his back and limbs badly bruised 
and swollen. The teacher on the succeeding day sent him to a 
physician, who pronounced him ''very badly bruised." It was- 
ten or twelve days before he so far recovered as to be able to at- 
tend school. '] he Superintendent expresses his unqualified dis- 
approbation of a punishment so severe and unreasonable. If the 
disobedience of the boy had been the result of sheer obstinacy 
and wilfulness, it could not justify the infliction of fifteen or 
twenty blows with such a bludgeon upon the back and thigh of a 
boy, disabling him for a fortnight. Such a measure of punish^ 
ment for such an olfence would be sulficient ground for annul- 
ling a certificate (407). 



CHAPTER XI. 

IN LOCO PARENTIS. 

We come now to a relation of the teacher toward his 
3)upil too broad and general to be defined by statute 
law, but referred to in common lav^^ under the expres- 
sion m loco parentis — in place of the parent. Just now 
there is a tendency to regard this phrase as a legal fic- 
tion, and to consider it the sole duty of the teacher to 
instruct in the branches laid down in the course of study. 
Per instance, it is becoming common to forbid all exer- 
cises of a religious character. This action is usually 
prompted by a desire to anticipate and prevent demands 
for sectarian apportionments; but some regard it as a 
first step toward relieving the teacher at once of the re- 
sponsibility and of the right to control the pupils in 
:any thing outside of their studies. The attendance 
and the character of pupils and even their conduct 
while in school would be no concern of the teacher. If 
the child failed to comply with the prescribed regula- 
tions, the remedy would be simply to expel him. This 
view, emphatically set forth in a prominent magazine,* 
we believe no true teacher ever held. 

The old Massachusetts law has the true ring of sound 
educational principle : 

It shaU be the duty of the president, professors, and tutors of 
the University at Cambridge and of the several colleges, of ail 

* The National Teachers' Monthly^ for June, 1875. 

(94) 



11^ LOCO PARE^s^TIS. 95 

preceptors and teachers of acaderaies, and of all other instructors 
of youth, to exert their best endeavors to impress on the minds of 
children and youth committed to their care and instruction the 
principles of piety and justice, and a sacred regard to truth; love 
of their country, humanity, and universal benevolence; sobriety, 
industry, and frugality; chastity, moderation, and temperance; 
and those other virtues which are the ornament of human society 
and the basis upon which a republican constitution is founded ; 
and it shall be the duty of such instructors to endeavor to lead 
their pupils, as their ages and capacities will admit, into a clear 
understanding of the tendency of the above-mentioned virtues to 
preserve and perfect a republican constitution, and secure the 
blessings of liberty, 'as well as to promote their future happiness, 
and also to point out to them the evil tendency of the opposite 
Tiews (Mass. s s Cal. ^ ^ R. I. «). 

Our public schools were created to make^ not sctiolars 
simply^ but men and women. When education is con- 
fined to the imparting of certain branches of knowledge, 
it will have no claim to be maintained at public ex- 
pense. Penmanship and physics taught where only the 
intellect is trained^ are as likely to be the weapons of 
the forger and the burglar as they are to be the support 
of law-abiding citizens. Healthy care for the mind and 
body, a right purpose in life, sound and intelligent 
morality — -these are the lessons the public school should 
instil; beside them, arithmetic and grammar and geog- 
raphy are incidental in importance. They must first 
be exemplified in the teacher's life, and thus becomie a 
continual lesson to every pupil. But this is not enough. 
The true teacher will know his pupils as individuals, 
and will feel in each an interest which only the term 
parental describes. 

He sees among his pupils a slovenly boy. Judicious- 
ly, quietly, here a little and there a little, he conveys 
hints which bear fruit in clean hands, polished shoes. 



96 i:isr loco parentis. 

and brushed clothes. He notices a girl too showily 
dressed^ and, choosing his time, appeals to her kind- 
ness not to make her less wealthy neighbors uncomfort- 
able. He observes a pale student who never goes out at 
recess, invites him to a walk, and impresses upon him 
the futility of cultivating the mind to the neglect of 
the body. He overhears the coarse expressions of a 
good-natured, stable-bred young fellow, and finds occa- 
sion to point out to him that the only sure indication of 
culture is the language one uses. He finds untruth a 
prevalent vice. Not satisfied with general instruction, 
exhortation, and reproof, he seeks out the individuals in 
whom it is most alarming, and impresses upon each 
that the lie stamps the utterer at once a coward and a 
fool. He sees in a pale face, and reserved, absent- 
minded manners, indications of a most common and 
deadly crime. Cautiously, kindly, but steadfastly, he 
labors to save a life from ruin and a soul from perdi- 
tion. These, and such as these, are the efforts which 
task the conscientious teacher. He dishonors his pro- 
fession who neglects them. 

We are told that this is a great deal to require; that 
it demands of the teacher a combination of talents with 
common-sense which would make him eminent in any 
profession. True enough: and why not? The time 
has been when he became a teacher who lacked the 
brains to succeed at anything else. The time is coming 
when he shall become something else who lacks the 
brains to succeed as a teacher. Aivay with the narrow- 
minded notion that the teacher need only impart square 
feet of problems and linear yards of paradigms. Xo 
other j)rof ession exacts at once such versatility and such 
thoroughness; such judgment and such insight into 
human nature; such sincere politeness; and such hon- 



IX LOCO PARENTIS. 97 

est manhood and womanhood. The compiler of this 
book has been under the instruction of many teachers, 
in ungraded^ grammar and high schools^ in the acad- 
emVj, in the college^ and in the professional school. 
Among these teachers were learned men and noble men, 
whom he respects and reveres. But of them all, he 
recognizes but one as having exerted upon him a 
marked influence. Nor can he better close these arti- 
cles than by quoting here a grateful reference which he 
made years ago to the truest teacher he ever knew — 
Eev. William Hutchinson^ late Principal of Iforwich 
(Conn.) Free x\cademy : 

I can imagine no life more unsatisfactory than that of an in- 
capable teacher. Bullied by the large boys; himself a bully to 
the smaller; jeered to his face; insulted behind his back; his 
school a bedlam; his recitations a farce; hired only because 
cheap— he draws his grudgingly paid stipend in the delusion that 
he is respectable, because a professional man. 

Such wert not tbou, O Zeus— name fortuitously bestowed, but 
applied in no disrespectful spirit, and cherished among the 
healthiest recollections of the past. Happy were we who sat at 
thy feet. Happy in soimd and accurate instruction; happy in 
the instilment of a love for thorough scholarship; happy in the 
example and fellowship of one who was in every way a man. We 
were careless and wayward; far less than we ought did we profit 
by thy teachings; but the most indifferent of us failed not to 
catch some warmth from thy glowing countenance, and the most 
earnest gladly acknowledged thy quickening influence. If it be 
noble to give one's every energy to his calling; to wrestle with 
bodily infirmity that one's duty be faithfully performed; to per- 
severe amidst perverseness and ingratitude in conscientious at- 
tention to the minds and characters of one's pupils— then wert 
thou a nobleman. And if it be a satisfaction to have wrought in 
all committed to thy charge a lasting impression of the dignity of 
Christian manhood, then hath thy life's labor been not unre- 
warded. — YclU Literary Magazine, June, 1869. 



REFERENCES, 



Arabic figures in parenthesis, as (406), indicate the page of the New 
Tork State Code of Public Instruction, edition of 1868. Italic figures ia 
parenthesis, as {U06), indicate the page of the New York State Code of Pub- 
lic Instruction, edition of 1879. Heavy face figures in parenthesis, as (406) 
indicate the page of the New York State Code of Public Instruction, editioa 
of 1888. 

All other references are to authorities in different States, and will be 
found below, arranged first alphabetically by States, and then numerically 
in the order of the references. Thus, for (Mass.*^), look below for Massa- 
chusetts, and under this State look for 16, and the reference is found to be 
5 Cush., 198. 

CALrPOKNIA. 

To Law Reports : 

3. 48 Cal., 36 7. 6 Cal., 94 

To School Law, edition of 1876: 

1. §1696 5. p. 63 9. p. 61 

2. 1673 6. § 1868 10. § 1702 



4. 



1685 



8. p. 62 



COITNECTICUT. 

To Law Reports : 

1. 41 Conn., 442 

2. 46 " 400,403 

5 is to ^7??. Ed'l Monthhj, ii. 372. 



33 Conn., 298 
47 *' 365 



DAKOTA. 



1, 2, and 3 are all to the 
Hotne and School. 



School Law published in the first number ©f 

DELAWARE. 



To Law Report : 




ILLINOIS. 


1. 


3Houst.,638 


To Law Reports : 










1. 39 111., 101 


8. 


87 111., 255 


15. 


97 111., 375 


15 '' 65 


9. 


67 *' 511 


16. 


Chicago Legra/ 


117 " 30 


10. 


88 " 563 




News, vii., 309. 


(But see also Bate- 


11. 


2 Brad. 458 


18. 


87 111., 303 


man's Decisions, 




17 '' 347 


19. 


79 " 567 


137.) 


12. 


36 111., 71 


20. 


95 *' 263 


2. 16 111., 147 


13. 


63 111., 356, 553 


21. 


95 '' 263-. 


87 " 255 




87 " 303 




(dup. K. & S. Cyc] 


92 *' 293 


14. 


13 Brad. 520 






4. 15ni.,65- (dup. 




lU. Teacher, 1868, 






45 111., 2) 
5. 39 ''609 




p. 28. 
Monthly Western 






6. 69 " 80 




Jurist, August 






7. 71 '^ 532 




1875, p. 28. 







(99) 





INDIANA. 


7. 


42 Ind., 


200 


8. 


69 '' 


295 


11. 


51 '' 


206 


14. 


79 " 


75 



100 COMMO:!^ SCHOOL LAW. 

The following are to decisions of the State Superintendent published in 
the Educational Weekly at dates named : 

3. Jan. 3, 1878 22. Nov. 15, 1877 
9. " 10, " 

No. 15 is to the Common School, Oct., 1876, p. 127. 

To Law Reports : 

1. 26 Ind., 337 7. 42 Ind., 200 15. 4 Ind.. 290 
79 '' 585 8. 69 '' 295 16. 4 " 633 

4. 26 " 337 11. 51 '' 206 18. 14 Johns. 119 

5. 70 '' 575 

To decisions of the State Superintendent, published in the School Jour- 
nal: 

2. 1877, p. 499 3. 1876, 522 5. 1876, 568 

Miscellaneous : 
9. Town Officers' Guide, 1877, p. 167. 
10. School Law, 1873, p. 57. 
17. *' '' pp. 87, 88. 

12. Common School Teacher, June, 1878, p. 124. 

13. Am. EdH Monthly, ii. 297. 

IOWA. 

To Law Reports : 

1. 16 la., 214 6. 21 la., 590 

2. 22 " 171 7. 31 -^ 562,568 

3. 40 " 444 9. 50 " 152 

4. 33 " 105 10. 1 " 359 

5. 14 " 28 12. 56 '' 479 

To decisions of the State Superintendent, 
Journal of Edu. , St. Louis : 

8. Oct., 1877 11. March, 1877 13. Jan., 1878 

19. Dec, 1876. 

No. 15 is a decision of Supt. Van Coellen, printed in the Educational 
Weekly. 

KANSAS. 

To Law Reports : 
1. 8 Ks., 362 2. 10 Ks., 283 

KENTUCKY. 

To Law Reports : 3. 3 Bush, 255 

To opinions of the State Superintendent, published in Home and School 

5. V. 377 10. iv. 569 12. v. 245 

To the Kentucky School Lawyer, published as an appendix to the Stati 
School lieport for 1878 : 



14. 


31 la.. 568 


16. 


45 " 522 


17. 


30 '' 429 


18. 


31 " 562 


20. 


45 " 248 


iished 


in the American 



4. 120 
6. 161 


7. 

8. 

9. 


110 

112, 113, 163, 

165, 167, 206 
61 

LOUISIANA. 


11. 
13. 


188, 189 

172, dup. 192, 193 


To Law Report : 
To Law Reports : 




MAINE. 


1. 


16 Ann. 163 


1. 20 Me., 337 

4. 20 '' 37 

5. 26 " 56 


7. 
8. 
9. 


38 Me., 376 
38 " 376 
27 '' 281 


15. 
16. 
17. 


38 Me., 376 
27 " 266 
27 " 280 



6. 20 '^ 154 12. 38 '' 164, dup. School Law, 24 



REFEREIS'CES. 101 

The following are to the School Law, edition of 1878 : 

2. p. 65 10. p. 66 13. p. 36 

3. " 12. 24 14. 24 

No. 11 is to the New York Teacher, vi. 432. 

MASSACHUSETTS. 

To Law Reports : 

4. 9 Allen, 94 13. 2 Allen, 592 20. 23 Pick.. 224 

7. 15 Mass., 272 14. 3 Pick., 379 dup. 38th Rep. 150 

8. 12 " 375 16. 5Cush.,198 21. 116 Mass., 366 

9. 16 '' 28 17. 8 " 160 22. 22 Pick., 225 

10. 3 Pick., 201 18. 12Allen,127 27. Ill Mass., 499 

11. 123 Mass., 545 19. 105 Mass., 475 28. 133 '' 103 

12. 12 Gray, 339 32. 4 Gray. 36 

The following are to Reports of the Board of Education : 

1. 38th, pp. 150, 160 14. 38th, 150 29. 38th, p. 159 

2. 10th, 169 24. 50th, 104 31. 10th 

3. 183 25. " 106 33. 38th, 147 

5. 50th, 103 26. 38th, p. 151 34. 50th, 113 

6. 102 

Miscellaneous : 

23. Laws of 1885, chap. 332. 
26. N. T. Teacher, m,\^Q. 
30. " " ii. 223. 

MICHIGAN. 

To Law Reports : 
1. 7 Wend., 181 2. 39 Mich., 480 3. 43 Mich., 480 

No. 4 is to School Law, edition of 1873, p. 206. 

MINNESOTA. 

To Law Reports : 

1. 12 Minn., 448 2. 27 Minn., 433 3. 20 Minn., 72 
School Law, 1887 : 4. p. 37 5. p. 99 

MISSISSIPPI. 

1. School Law, edition of 1886, p. 21. 

2. '' '* " *' ". 14. 

MISSOURI. 

To Law Reports : 

1. 51 Mo., 21 6. 71 Mo., 628 9. 38 Mo., 391 

2. 31 '' 319 7. 38 " 679 10. 66 " 286 

3. 55 " 149 8. 38 " 679 11. 48 " 253 

5. 53 '' 472 

The following are to decisions of the State Superintendent, published 
in the American Journal of Edu., St. Louis : 

4. Feb., 1878. 12. June, 1878 

NEBRASKA. 

To Law Reports : 1. 1 Neb., 76 2. 6 Neb., 167 

NEW HAMPSHIRE. 

To Law Reports : 
1 19N. H., 170 3. 59N. H., 473 4. 6 Foster, 470 

6. 49 " 199 

No. 2 is to School Report, 1877, p. 175. 



103 C0M3I0N- SCHOOL LAW. 

NEW JERSEY. 

To Law Report : 1. 34 N. J. L., 308 

To Scliool Law, edition of 1878 : 
2. p. 25 3. p. 17 4. p. 41 

NEW YORK. 

To Law Reports : 

1. 10 Barb., 396, (48, 73, 395, 709, 733) 

9. 10 " 396, (10, 393, 394, 405, 693, 695) 

16. 11 Wend., 90 

25. 29 Hun., 606 
33. 2 WaUace, 177 
41. 23 Barb., 176 

42 2 Barb., 290, (69, 733) 

46. 13 Ab. P,r., 159, (68, 100, 341, 737); See also Bateman's Illinois 

Decisions, 120; 45 Wis,, 150; 53 Ct., 481; 79 111., 567 

48. 18Ab. Pr., 165 

55. 14 Barb., 225, (770) 

61. 32 N. Y., 489 

62. 50 '' 236 

63. 49 Barb., 455 

64. 14 " 225 

The following are to the Code of Public Instruction, 1868 : 

2. p. 410. (See also 43, 400; but 397, 401) 

8. p. 410 20. pp. 395, 397 21. p. 416 30. p. 399 

The following are to the Code of 1888: 
16. pp. 76, 131 33. p. 713, 719 35. p. 96 36. p. 294 

37. po. 704, 733, 731; (but see 703, 705, 708, 710) 
40. p? 115 45. p. 739 

The following are to decisions of the State Superintendent, as nuni- 
liered in the records at Albany : 

■ 4. 2145 

5. 2191 

6. 2015 
8. 2191 

10. 1942,(694) 

11. 1907 

12. 2003 

13. 2194 

14. 2480, (393, 393, 695, 697) 
15 1982 

17. 1978, (493, 497, 498, 499) 

18. 1976 

19. 1677 

20. 1864 

21. 1738, 1831 1 

22. 1065, 1753 V (395, 715, 730, 738) 
1803, 2114 ) 

23. 1808,(744, tGr^) 

24. 2245, (394, 399. See also 87 111., 255; 92 111., 293) 

26. 1978, (But see 4r,, 354) 

27. 1825,2217,^730,731) 

28. 2081 

3l' 1919 [ ^*^' *^^' ^^^' ■*^^' '^^^' '^^^' "^^^' "^^'"^^ 

32! 18-15, (731, 733, 735, 736, 739) 
37. 1751. 



REFERENCES. 



103 



38. 1713 (diip. 3523) (43, 47, 404, 705) 

39. 2139 (395, 705) 

43. 1793,(733) 

44. 3510,(701) 

48. 1687, (87, 606) 

49. 1874 (dup. 1682) (605; see also 63 III., 533; 87 111., 303 

52. 1753, 1763, (618-633) 

53. 1985 

54. 2091,(601) 

56. 1725 

57. 1695 

58. 1960, (601) 

The following are to decisions printed in the iV. Y. Teacher: 

7. X. 282, (700) 45. 11.423 51. ii. 79-82 

34. 11. 271 48. vil. 116 

Miscellaneous : 

3. School Bulletin, Feb., 1886, p. 62. 

47. National Teachers' Monthly, ill. 347. (340) 

50. Orders and Decisions, State Dep't, vili. 302. 

59. Letter Book, State Dep't, July 21, 1875. (603) 

NORTH CAROLINA. 



To Law Reports : 




1. 5 Jones, 98 

2. 2Ired..50 


3. 68N. C.,322 


To Law Reports : 

2. 22 Ohio St., 194 

3. 36 " 429 

4. 29 " 89 


OHIO. 

.5. 23 Ohio, 211 
9. 17 " 402 



4. 2 Dev. &Bat.,365 



10. 21 Ohio, 666 

11. 29 " 89 



Kiscellaneous ; 

1. State Commissioners' Report, 1875. 

6. Kentucky School Lawyer, p. 190. 

7. Kiddle & Schem's Cyclopedia, p. 84. 

8. National Teacher, July, 1874. 



To Law Report 



OREGON. 

3 Or., 365 



PENNSYLVANIA. 



To Law Reports : 

1. 2Penn.,204 

2. 43 Pa. St., 318 
No. 6 is to School Law, edition of 1873, p. 52. 



3. 56 Pa. St., 315 

4. 49 '' 151 



5. 3 Pitts., 264, 267 
7. 5L. J. R.,78 



RHODE ISLAND. 

To Common School Manual, 1873 : 

1. p. 84 3. p. 25 

2. 69 4. 145,146 



p. 199 

28 



To Law Reports • 
1. 2 Cold., 181 



TENNESSEE. 

5 Lea, 5^ 



3. 3. Head., 455 



104 COMMOK SCHOOL LAW. 

To Law Reports : 



VERMONT. 



1. 


12 Vt. 


,592 


2. 


20 " 


495 




28 '' 


575 




29 " 


433 


3. 


27 " 


755 


4. 


20 '' 


487 


5. 


30 '' 


586 


6. 


28 " 


575 


7. 


46 " 


452 



a 35Vt.,520 17. 48Vt.,444 

9. 16 '^42 ' ' 

10. 38 " 603 

11. 29 '' 219 

12. 50 '• 32 

13. 35 '' 623 

14. 41 " 353 

15. 28 " 575 

16. 38 '' 529 

WISCONSIN. 

To Law .Reports : 

4. 25 Wis., 551 10. 51 Wis., 554 

6. 38 " 100 11. 35 '• 59 

The following are to decisions of the State Superiptendent, published 
In the Wisconsin Journal of Education : 

1. 1877, p. 223 9. 1877, p. 223 

2. '^ 320 12. 1876. 79 

3. 1876, 296 14. 1877, 362 

5. 1878, 315 15. '' 125 

7. " 224 16. '' 125 

8. " 223 17. 1876, 27 
Miscellaneous : 

22. Laws of 1874, chap. 135. 

FRANCE. 

1. Common School Manual, R. I., p. 200. 



18. 


48 " 


473 


19. 


32 '' 


• 824 


20. 


48 " 


473 


21. 


32 " 


224 


22. 


32 '^ 


224 


23. 


32 " 


120 


24. 


32 " 


114 


13. 


45 \^' 


is., 150 


erip 

18. 


tendei 
1875, 


It, publ 
p. 30 


19. 


1877. 


364 


20. 


1878, 


173 


21. 


1877. 


124 


22. 


1878, 


223 



INDEX. 



PAGE 

Absence and Tardiness. 

Regularity of attendance compulsory . . .50, 69 

Usage in different States 50 

May tardy children be kept in entry ? 51, 69 

Suspension for absence 52 

Requiring specific excuses , 53 

Decisions against __ 52, 53 

Sup't Draper's vieAv. See (7 70) - -_..54 

Exercises outside the building _._ 55 

Catholic holidays.- „55 

The Jewish sabbath „ _ _55 

A caution ___56 

Opposing decisions ^ 56 

Annulment of licenses. See Licenses. 

Appeals to the State Superintendent ..18, 24, 27, 40, 46 

Finding as to ** incompetency." __ __. 26 

Rules for making appeals _, _27 

Authority of teacher. 

See Corporal punishrifient, Ho'iLrs of scJiool, Suspension and Ex- 
pulsion, Course of study. 

Not derived from parents ,_77 

School-house the schoolmaster's castle i 77, 78 

In school-room, absolute 79 

On play-ground, absolute 79 

On road to and from school, concurrent 78 

Contrary rule in New York _ .78 

But this the rule elsewhere 79 

Specific enactments 81 

Horace Mann's opinion 82 

Punishment inflicted on school premises alone . - 83 

(105) 



106 COMMON SCHOOL LAW. 

Detenlion after school _ 84 

In loco parentis. 94 

Bad spelling condemns the teacher _25 

Beck, Judge, quoted _ ^ 51 

Bible in school. See Course of study. 
Boards of Education. See Trustees, 

Boston, Mass. , keeping Jewish holiday 55 

Brattleboro, Yt., Catholic holidays _ __55 

Burning of school-house, effect on teacher's contract 37 

California, standard of examination ___ _.22 

Catholic holidays. 55 

Catholic schools and public money 66 

Certificates. See Licenses, 

Closing school without consent ends contract _ _36 

Even though consent had of one trustee ..36 

On stormy days. , 36 

When school house locked _ __.36 

When not sustained by trustees _ 36 

When school-house burned - __ -37 

On account of contagious diseases 37 

Commissioners, board of School. See Trustees, 

Commissioners, District. 

May grant certificates. _ . „ 1 9, 21 

Endorse Regents* testimonials _ _ 19 

Recommend to normal schools _.19 

Annul certificates. See Licenses. 

Commitee, School. See Trustees, 

Composition may be required 57 

Compulsory branches of study. _ _57 

Contagious diseases 37, 50 

Contracts with teachers. 

Not dependent on vote of district 28 

Of trustee with himself 28 

Are for personal services _ 40 

Prerequisites. _ _ ___ .29 

A valid license 29, 40 

Non-relation to trustees 30 



IN^DEX. 10 



Not be evaded. 1 . - _ 30 

Waived by two-thirds vote 31 

Does not apply to union schools 81 

Minors may contract. _ _ 31 

Binding on district, .but not on teacher. _.„__ _.31 

Wages must be paid to himself 81 

Married women may contract _ _ _ _ _31 

With whom made ^ _31 

If one trustee 81 

If three trustees 31 

By a majority, at a meeting. 82 

By two in absence of third 30 

By one authorized by others _ _ _ _80 

Bj tacit concurrence. - _ . 30 

If two trustees 32 

In union school school districts 82 

Must he in writing „ 32 

Form of contract. ... 83 

Collection of wages, when contract not written 83 

Law assumes it contains entire agreement 33 

Conditions of. 

Duration , 28 

During satisfaction of district. 34 

By the month, etc 34 

What constitutes a month 84 

Holidays 35 

No reduction of wages 85 

Teachers' institutes . 85 

Duties of the teacher 86 

To keep a successful school 26, 8& 

To keep school open every school day 36, 40 

See Closing school.. 

To instruct all pupils admitted . .8 7 

But not those who cannot be controlled 37, 72 

To fill blanks in register . 37 

Janitor w^ork not required 37 

Amount and manner of 'payment 88 

In New York at least monthly 3S 



108 COMMOIS^ SCHOOL LAW. 

In cash, debts not to be offset 38 

To teacher, even though a minor 31, 39 

May be enforced at law r,0 

Breaking of 

By closing school 36, 40 

By annulment or expiration of license 40 

By incompetence. . 26, 37, 40-42 

Usage in different States 41 

By immorality . 41 

Must be proved by specific charges 42 

How properly to dismiss teacher. 

First try to get license annulled 42, 46 

But may dismiss directly 44, 46 

Defence against unjust dismissal 46 

Recovery of wages 46 

Damages for injustice 47 

■Control of studies. See Course of study. 

{Jorporal punishment . 86 

Preferable to expulsion 70, 88 

By unlicensed teachers 18 

By private teachers 18 

By superintendent or trustees 19, 86 

For refusing to take certain study 58 

Must be inflicted on school premises 83 

Right conferred by usage and confirmed by decisions 86, 88 

Largely in judgment of teacher 87 

Cause, instrument, manner, temper 87 

No unreasonable violence 27, 42, 87 

In moderation 87 

General principle 90 

Illustrations 90-93 

In proper spirit 87 

Course of study. 

In the hands of trustees . . . _49 

Composition and declamation 57, 61 

Should be exercised with caution 58 

The Wisconsin decision 58 

Views of leading educational men .59 



liTDEX. 109 

Decisions in Illinois, Iowa, New York 60 

Modern tendency of opinion , 6^ 

Religious exercises not to be required in New York 64 

Laws in other States 6ft 

Cutting, Judge, quoted. _ . 6S 

Debilitated will, ground for dismissal 45 

Debts, non-payment is dishonesty --_21 

Declamation may be required _ 57, 61 

Detention after school _-.„84 

Dignity of teacher's office 85 

Dismissal of teacher. See Contracts. 
Dissatisfaction of patrons. See Parents. 

Dix, John A., quoted _ _ _-8& 

Dover, N. H., exercises outside school building 55 

Draper, A. S., quoted .85, 42, 54, 7& 

Drunkeness a bar to license. , „ _ 21 

May annul license _ . - 25 

But not where fair hope of reform _ _ 25 

Duties of teacher. See Contracts. 

Ellington, N. Y. , absence from examination 5^ 

Excuses for absence required . _ _ , 5S 

Expulsion. See Suspension and Expulsion. 

Gilmour, Neil, quoted 52, 79^ 

Higbee, Judge, quoted 56 

Hiring. See Contracts, Wages. 

Memorandum of .38 

Holidays, legal 38 

Hornellsville, N. Y., suspension for absence 52 

Hours of School. 

Usage, recesses 49 

In different States 49, 50 

Outside instruction in school hours . . _ -50 

Regularity. See Absence and Tardiness. 
Hutchison, Rev. Wm., tribute to. 97 

Immorality of pupils cause for expulsion 71 

Even when not manifested by acts in the school 71 



110 COMMON SCHOOL LAW. 

Impertinence, how punished „ 89 

l7i loco parentis .._ _. _ 94 

Incompetency in teachers, a serious charge 26 

Ordinarily he must control school . 37 

Considerations concerning _ 40-42 

Must be marked „ _42 

Illustrations 43, 44 

Institute, wages paid for attendance at 35 

Insubordination cause for expulsion . . . •_ 71 

Intoxicating liquors, use of _ 21, 25 

Janitor work cannot be required 

Of the teacher 38 

Of the pupils... „ ._ 63 

Jewish sabbath, the 55 

Licenses, necessity of 17 

Kinds of in New York 19 

When obtained __ -.17 

Not always necessary in cities _ 20 

Lack of, forfeits pay.. - _ 17 

May be required to be produced. . _ 17, 40 

Though lack due to wanton neglect 18 

Or to illegal annulment 18, 40, 43 

The Wisconsin rule -18 

Violates contract _ 29 

Subjects to damages for punishment 18 

Horace Mann's view.. 18 

Needed only when school-work begins 29 

Hequirements for. 29 

Knowledge of pedagogy 23 

Duration of 23 

May be limited to particular schools 23 

When withheld : 24 

Appeal to State Superintendent 24 

How annulled 25 

For evidence against moral character 25 

Reasonable notice for defence -25 

Charges direct and positive 25 

If of habit, instances specified -.25 



IZ^DEX. Ill 

Kot for delinquences long known 25 

For deficiency in learning or ability 25 

Only upon re examination 26 

May be without notice . 26 

If determined on at visit 26 

By positive observation 26 

Licentious propensities in pupils 71 

Limited licenses 19 

Malice in school officers, how determined 24 

Mann, Horace, quoted . 18, 19, 82 

Manners of the teacher 24, 45 

Married women, right to contract 31 

Memorandum of hiring 33 

Minors, right to contract „ 31 

Mississippi, law fixing teachers' wages _ _ .28 

Month, what constitutes _ _ _ 34 

Moral character in teacher. 

Affirmative evidence required _ 21 

Evidence against, annuls license 25 

Must be by specific charges _ „ . . 25, 42 

Illustrative decisions. _ _ 43, 44 

Involved in contract to teach 40 

Morrison, Sup't, quoted __85 

Kon-payment of debts is dishonesty _ _ . .21 

Normal diplomas 19 

No further examination required .25 

Except when requirement in cities _ 20 

Parents (individually or as district). 

Dissatisfaction of, no bar to license 21 

No ground for dismissal. 41 

Personal ill-will not to annul license 27 

Cannot dictate time to open or close .27 

Sex of teacher 28 

Wages paid 28 

Or individual selected 28 

Complaining letters of to trustees, privileged 47 

Shall they or teacher determine studies ? _ 57-63 



112 COMMOK SCHOOL LAW. 

ReLation to the teacher. _ 77 

No authority whatever in the school-room 79 

Or on play-ground _ _ 79 

Cannot make insulting visits to the school- room . 79 

While pupils are on road to and from school. 

In New York, teacher has no authority > ... 78 

In other States, authority concurrent . _ -79, 80 

Specific enactments. _ . 81 

Horace Mann's opinion 82 

Detention after school 84 

Patrons of School. See Parents. 

Pecuniary fines _ 69, 84 

Personal habits of the teacher 24, 45 

Political opinions no bar to license 21 

(But see 2d paragraph, p. 24.) 

Pradt, J. B., quoted _.59 

Pratt, C. E., quoted 61 

Private schools. 18 

In Massachusetts, subject to school committee 29 

Profanity a bar to license 21 

May annul license 25 

Promissory note of trustees. 39 

Prying and impertinent questions 45 

Pupil teachers ._ .18 

Randall, Henry S., quoted 64, 65 

Recesses 49, 89 

Regents of the University, testimonials of 19 

Register, teacher must fill blanks 37 

Regularity of attendance. See Absence, 
Regulations. See Rules and regulations. 

Relationship of teacher to trustee 30 

Religious exercises. See Course of study. 
Religious opinions. 

Not to be considered in candidates for license 22 

(But see 2d paragraph, p. 24. ) 

Rhode Island, a case of dismissal 43 

Rice, Victor M., quoted ._21, 22 



IIS^DEX. 113 

Rude, boisterous language 45 

Ruggles, Wm. T., quoted 53,79,84 

Rules and regulations _68 

In large towns, fixed by trustees _ 48 

In small schools, left to teaclier 48 

St. Johnsville, N. Y. , suspension for absence _ 53 

School commissioners. See Commissioners, Trustees. 
School committee. See Trustees. 

School-house, the schoolmaster's castle _ 77 

Severity cause for dismissal _ . _27, 42 

Spencer, John C. , quoted. - _ 64 

State certificates _ . _19, 20 

Ko further examination permitted. 25 

Except as required in cities 20 

■ Examination papers in book form _ . . ,20 

In California _ ' 23 

State Licenses _ _ .19, 20 

State Department, appeals to. See Appeals. 

Stormy days, may school be closed? _36 

Studies, control of. See Course of study. 
Superintendent, city or village. 

Can he exercise teachers' authority?. " .18 

Recommends to Normal schools 19 

Superintendent, State. See also Appeals, 

Grants limited licenses _ 19 

State certificates _ 19, 20 

Suspension and Expulsion. 

Suspension of Pupils. 

When permissible by teacher _ 69 

May be continued by trustees 70 

By trustees, acting on the spot 19 

For absence or tardiness 52-54 

Pupils sent home to wash themselves 72 

Expulsion of pupils. 

Corporal punishment preferable 70, 88 

Within power of trustees 70 

Laws in different States 71 



114 commo:n^ school law. 

By trustees, acting on the spot 19 

For refusing to declaim. __ 56, 61 

To study grammar 60 

Book-keeping __ _ _ 61 

For immorality, even in propensity. _ _ _ 71 

For insubordination 71 

For attending an evening party. __ _ 75 

Teacher may sometimes demand it of trustee. _ . .37 

Must be from school alone __.72 

How enforced... ___ _ 72, 78 

How long should it continue?. _ _ 73 

A New York decision 73 

The usual view. ___ 74 

No damages for expulsion in good faith 75 

Tardiness. See Absence and Tardiness. 

Temperance law, the _-_57 

Text-books. See Adoption of text-hooks. 

Usually -provided for indigent pupils 73 

Tobacco, use may be forbidden. _ 84 

Trifling conversation condemned. ... _ . 45 

Trustees. See Contracts. 

Authority almost unlimited 28 

Grant certificates, when authorized 19, 20 

Can trustee hire himself? _ 28 

Can he act in teacher's place? _19 

Must close school for institute _ _ .85 

Must sustain the teacher reasonably 36 

Must remove uncontrollable children. _ . 37 

Must provide for janitor work 38, 68 

May be sued as a corporation. 39, 47 

May give promissory note 39 

Power of dismissing teacher. __ ..41 

First step, to annul license 42 

But may dismiss directly 44 

May be sued personally for injustice _ 47, 75 

Make rules and regulations 48, 68 

See Hours of school, Course of study. Adoption of text-hook&, 
Suspension and Expulsion, Rules and regulations. 



INDEX. 115 

Cannot inflict pecuniary fines _ .69. 84 

Union schools. 

Teachers related to members of the board may be hired 31 

Contracts with teachers _ 32 

TanDyck, Sup't, quoted.... -..24 

Vincent, Judge, quoted.. 69 

Yulgar remarks to female pupils. 45 

Wages of teacher. See Contracts. 

Not dependent on vote of district. _ 28 

Pixed by law in Mississippi 28 

Must be paid to teacher himself _31, 39 

No deduction for holidays > 35 

Or for institutes „ _ 35 

When teacher abandons contract __36 

In New York must be paid monthly .38 

Paid in cash, debts not to be offset _ 38 

How to enforce payment 39 

Promissory note of trustees negotiable. _ . . _ 39 

Recovery of, when teacher is dismissed. . _ _ 46 

Only for necessary loss. __ .. .46 

Wickersham, J. P., quoted _. _40 

Wilim, Inspector, quoted 82 

Wisconsin decision, the 58 

Worden, Judge, quoted. .40 

Written contracts required .32 

Form of .33 



APPENDIX 



The following references to and paragraphs from the New Code 
could not be incorporated in the text, the pages of this book being 
already electrotyped when the proof copy w^as received, but are 
of interest enough to warrant insertion here. Where there is 
change or addition to the law or illustrations of it as given in this 
book, the text of the Code is given. In other cases the pages given 
are only for convenience of reference. 
Page 19. 2. See p. 42 of the New Code, 1888. 

a See p. 465. 

b See p. 379. 

e See p. 391. 

/ See pp. Ill, 378, 384, 458. 

20. d See pp. 112, 701. 

21. e The candidate must be 16 years old. See pp. 384, 699. 
a See pp. 699, 700. 

/? No certificate can be granted to a teacher who 
has not passed a satisfactory examination in 
physiology and hygiene with special reference to 
the effects of alcoholic drinks, stimulants, and 
narcotics upon the human system (p. 113.) 
See also p. 728. 

24. 3. See p. 698. For note, see pp. 405, 698. 

25. a Commissioners' certificates and normal diplomas 

may also be annulled by the State Superintendent 
"upon cause shown to his satisfaction" (pp. 5, 
383.) For second paragraph of note, seep. 702. 
For last paragraph, see p. 696. 
27, second paragraph, see pp. 692, 694, 697. 

fourth paragraph, see pp. 123, 405, 495, 497, 499. 
fifth paragraph, see pp. 492, 504. 
sixth paragraph, see pp. 495, 499, 734. 
(110) 



REFEEElSrCES TO CODE OF 1888. 117 

Page 29. a See p. 732. 

. 30. h The first clause should read : * ' The applicant must 
not be related to the trustee, or to the living wife 
or husband of the trustee, or to any one of the 
three, or to the living wife or husband of any one 
of the three, as grandfather," etc. (p. 898.) 

31. first paragraph, see pp. 718, 721. 
last paragraph, see pp. 405, 716. 

32. 3. See pp. 115, 399, 449, 722. 

33. Memorandum, seep. 400. 
Monthly payment, see p. 115. 

34. h Contract by the year includes two months of summer 

vacation. Where teachers are paid one-twelfth of 
the year's salary each month, a teacher who serves 
ten months of school must receive the full twelve 
months* pay (p. 707.) 

A contract ''for one day only, and to close 
every night," is void, as being in confiict with the 
spirit of the school laws and against public policy 
(p. 735.) 

35. c See p. 61. The State Superintendent may impose 

upon the teacher the duty of assisting the trustees 
in making an examination of the contents and con- 
dition of the school library ; and when such direc- 
tion is given the teacher may close the school one 
day for the purpose of making such examination, 
and the same shall not be accounted as lost time 
(pp. 178, 465.) 

35. d See pp. 409, 707, 711. The contract may be condi- 

tional upon the regular attendance of the teacher 
upon local teachers' meetings under direction of 
the trustees (p. 774.) 

36, first paragraph, p. 74. 
2, a See p. 723, 

37. c See p. 604. 

38, last paragraph, see pp. 704, 707, 708, 710. A practice 

has prevailed .... of engaging with the 
teacher that he shall board with the parents of the 



118 COMMON SCHOOL LAW. APPEXDIX. 

children alternately. There is no authority for 
such a contract, and it cannot be enforced by the 
inhabitajits. The best arrangement is to give the 
teacher a specific sum as wages and let him board 
himself (pp. 395. 710.) 
Page 40, 1. See page 61, first paragraph, see p. 405. 

2, See p. 712. The first line should read, ''If his certi- 
ficate be annulled, or expire," etc. 

2, note, see p. 732. 

41, fourth paragraph, see pp. 699, 700. 
last paragraph, seep. 728. 

42. c See pp. 703, 731. 
46. 5. See pp. 403, 720. 

6. Seep 705. 

49. 1. See p. 712. 

50. c Children who have not been vaccinated may be ex- 

cluded from school till they have become vaccin- 
ated (p. 87.) 

Colored children must be admitted to the public 
school where no separate school for them has been 
established by the district (p. 514.) 
53, first paragraph, see p. G03. 

last paragraph, see 13 111. App., 520. 
57, first paragraph, see pp. 68, 605, 621. 

second paragraph, see pp. 92, 98, 112, 116, 220, 239, 
240, 466. 
72, second paragraph. Pupils cannot be suspended for re- 
fusing to apologize to a teacher for declining to 
sit by a very hot stove as a punishment (p. 601); 
or for wearing the hair in a manner forbidden by 
the teacher but approved by the mother (p. 602.) 
72. 3. Seep. 267. 
4. See p, 163. 

The following quotations from the last edition of Bateman'a 
Illinois Decisions, also received since these pages were electro^ 
typed, are worthy of note : 



EEFEEEXCES TO ILLINOIS DECISIOi^S. 119 

Page 28. A contract is not complete without the consent of both 
parties. A vote by a school board to employ a 
person to teach does not bind the board until it 
has been communicated to and accepted by him. 
Up to the time of acceptance, the board may re- 
consider its vote. In the same way, a person 
offering to teach is not bound until the board has 
accepted his offer. A contract may be completed 
by mailing a letter or sending a telegram of accept- 
ance (111 111., 421; 40 Mich., 84; Pollock on Con- 
tracts, p. 8). (p. 138.) 

The school board must itself employ all teach- 
ers, and may not contract with a teacher whom it 
has employed to supply his own assistant or sub- 
stitute (88 111., 563; 29 Ohio S., 161) (p. 138.) 

34. The school month in Illinois is a calendar month, and 
pay for fractions of the month will vary according 
as the number of school days in the month varies 
from 20 to 23 (p. 181.) 

36. h The teacher may be dismissed if he leave a school to 
a substitute, even though it be shown that the sub- 
stitute is competent (88 111., 563) (p. 142.) 

40. 2. If the contract ceases by the expiration of the teach- 
er's certificate, he can recover wages for the time 
he has taught while the certificate was in force 
(p. 171.) But if he teaches for a while without a cer- 
tificate and then secures one, the directors cannot 
pay for the time taught without a certificate (p. 173.) 
Superintendents of city and village schools must 
have a certificate (p. 173.) 

49. 1. In Illinois, directors may provide that children under 
' twelve years of age shall not be confined in school 
more than four hours daily (p. 115.) 

59. To conclusion number 4 of Sup't Bateman it is added 
that this exemption from prescribed studies on re- 
quest of parents does not appl}^ to declamation and 
composition. '' A regular daily study, and a brief 



120 COMMO>s^ SCHOOL LAW. APPEKDIX. 

general exercise, occurring only at intervals of 
from one to four weeks, are very different things — 
so different that the considerations applicable to 
the one do not apply to the other at all" (p. 145.) 
Page 66, last paragraph. In Illinois, the teacher may either re- 
fuse or Insist upon reading the Bible or offering 
prayer, in opposition to the wishes of the directors 
— **It is a sacred personal right of which he cannot 
be deprived." The scholars must also have the 
option of attending or not as they desire. But the 
directors may insist that time out of school hours 
be taken for it (p. 128.) 
71. In Illinois, directors "may suspend or expel pupils who 
may be guilty of gross disobedience or misconduct, 
and no action shall lie against them for such expul- 
sion or suspension'* (p. 115.) 
73. This unusual view is sustained in Illinois (p. 149.) 
84. 5. A rule forbidding the use of tobacco in the school 
building may be enforced (p. 125.) 



THE SCHOOL BULLETIN PUBLICATIONS.- 



Instruction in Citizensliip. 

1.. Civil Government f 07' Common Schools, prepared as a manual for 
public instruction in the State of New York. To which are appended the 
Constitution of the State of New York as amended at the election of 1882, 
the Constitution of the United States, and the Declaration of Independence, 
etc., etc. By Henry C. Northam. 16mo, cloth, pp. 185. 75 cts. 

Is it that this book was made because the times demanded it, or that the 
publication of a book which made the teaching of Civil Government practi- 
cable led to a general desire that it should be taught ? Certain it is that this 
subject, formerly regarded as a ''finishing" branch in the high school, is 
now found on every teacher's examination-paper, and is commonly taught 
in district schools. Equally certain is it that in the State of New York this 
text-book is used more than all others combined. 

2. A Chart of Civil Government. By Cha^rles T. Pooler. Sheets 12x18, 
5 cts. The same folded, in cloth covers, 25 cts. 

Schools using Northam's Civil Government will find this chart of great 

use, and those not yet ready to introduce a text-book will be able to give no 

little valuable instruction by the charts alone. Some commissioners have 

purchased them by the hundred and presented one to every school house in 

the county. 

S. Handbook fcyr School Teachers and Trustees. A manual of School 
Law for School Ofiicers, Teachers and Parents in the State of New York. 
By Herbert Brownell. 16mo, leatherette, pp. 64. 35 cts. 

This is a specification of the general subject, presenting clearly, defi- 
nitely, and xoith references^ important questions of School Law. Particular 
attention is called to the chapters treating of schools under visitation of the 
Regents— a topic upon which definite information is often sought for in vain. 

h. Comman School Law for Comm^on School Teachers. A digest of the 
provisions of statute and common law as to the relations of the Teacher to 
the Pupil, the Parent, and the District. With 500 references to legal decis- 
ions in 28 different States. 14th edition, wholly re-written, with references 
to the new Code of 1888. By C. W. Bardeen. 16mo, cloth, pp. 120. 75 cts. 

This has been since 1875 the standard authority upon the teacher's rela- 
tions, and is frequently quoted in legal decisions. The new edition is much 
more complete than its predecessors, containing Topical Table of Contents, 
and a minute Index. 

5. Laius of New York relatincf to Common Schools, with comments and 
instructions, and a digest of decisions. 8vo, leather, pp. 8G7. $4.00. 

This is what is knovni as "The New Code of 1888," and contains all re- 
visions of the State school-law to date. 

6. The Powers and Duties of Officers and Teach£rs. By Albert P. Mar- 
ble. 16mo, paper, pp. 27. 15 cts. 

A vigorous presentation in Sup't Marble's pungent style of tendencies 

as well as facts. 

7. Fii'st Principles of Political Economy. By Joseph Alden. 16mo, 
cloth, pp. 153. 75 cts. 

Ex-President Andrew D. White says of this book: "It is clear, well 

arranged, and the best treatise for the purpose I have ever seen." 

Co T\\ BARDEEN, Pviblisher, Syracuse, X. Y. 



THE SCHOOL BULLETS PUBLICATIONS. 



Books for Young Teachers. 

1. Common School Law for Common School Teachers. A digest of the 
provisions of statute and common law as to the relations of the Teacher to 
the Pupil, the Parent, and the District. With 500 references to legal decis- 
ions in 28 different States. 14th edition, wholly re-written, v/ith reference^i 
to the Code of 1888. By C. W. Bardeen. 16mo, cloth, pp. 120. Price 75 cts. 

The reason why the teacher should make this his first purchase is that 
without a knowledge of his duties and his rights under the law he may fail 
either in securing a school, in managing it, or in drawing the pay for his ser- 
vices. The statute provisions are rema^rkably simple and uniform. Ti'he de- 
cisions of the Courts, except upon two points, here fully discussed, follow 
certain defined precedents. An hour to each of the eleven chapters of this 
little book will make the teacher master of any legal difficulties that may 
arise, while ignorance of it puts him at the mercy of a rebellious pupil, an 
exacting parent, or a dishonest trustee. 

2. Hand-BooTcfor Young Teachers. By H. B. Buckham, late principal of 
the State Normal School at Buffalo. Cloth, 16mo, pp. 152. Price 75 cts. 

It anticipates all the difficulties likely to be encountered, and gives the 
beginner the counsel of an older friend. 

S. The School Room Guide, embodying the instruction given by the author 
at Teachers' Institutes in New York and other States, and especially in- 
tended to assist Public School Teachers in the Pi-actical Work of the School- 
Room. By E. V. DeGraff. Thirteenth edition, with many additions and 
corrections. 16mo, cloth, pp. 398. Price $1.50. 

As distinguished from others of the modern standards, this is a book of 
Methods instead of theories. It tells the teacher just what to do and how to 
do it ; and it has proved more practically helpful in the school-room than 
any other book ever issued. 

h. A Quiz-Book on the Theory and Practice of Teaching. By A. P. 
SouTEnvicK, author of the ''Dime Question Books." 12mo, pp. 220. Price $1.00. 

This is one of the six books recommended by the State Department for 
study in preparation for State Certificates. The others are Hoose's Methods 
($1.00), Hughes's Mistalces (50 cts.), Fitch's Lectures ($1.00), Page's Theory and 
Practice ($1.25), and Swett's Methods ($1.25). We will send the six post-paid 
for $4.00. 

5. Mistakes in Teaching. By James L. Hughes. American edition, with 
contents and index. Cloth, 16mo, pp. 135. Price 50 cts. 

More than 15,000 have been used in the county institutes of Iowa, and 
elsewhere superintendents often choose this book for their less thoughtful 
teachers, assured that its pungent style and chatty treatment will arrest 
attention and produce good results. 

6 Hcnju to Secure and Eetain Attention. By James L. Hughes. 16mo, 
cloth, pp. 97. Price 50 cts. 

This touches attractively and helpfully upon the first serious difficulty 
the teacher encounters. No young teacher should neglect these hints. 

7. Prima'-nj IIelj)s. A Kindergarten Manual for Public School Teachers. 
By W. N. llAiLMANN. 8vo, boards, pp. 58, with 15 full-page plates. Price 75 cts. 

In these days, no prim.ary teacher can afford to be ignorant of " The New 
Education," aiid this is perhaps the only volume that makes kindergarten 
principles practically available in public schools. 

8. Dime Question Book, No. 4, Theonj and Practice of Teaching. 16mo, 
paper, pp. 40. Price 10 cts. By A. P. Southwick. 

A capital preparation for examination. 

C. W. BAROEEN, Publisher, Syracuse, N, Y. 



THE SCHOOL BULLETIN PUBLICATIONS. 



Teachers' Question Books. 

1. The Regents' Questions in Arithmetic, Geography, Grammar and Spell- 
ing from the first examination in 1866 to June 1882. {No questions of later date 
will bejyrinted.) Being the 11,000 Questions for the preliminary examinations. 
for admission to the University of the State of New York, prepared by the 
Regents of the University, and participated in simultaneously by more than 
250 academies, forming a basis for the distribution of more than a million of 
dollars. Comj)lete with Key. Cloth, 16mo, pp. 473. $2.00. 

f. Comiilete, The same as above but v^thout answers. Pp. 340. $1.00. 

In the subjects named, no other Question Book can compare with this 
either in completeness, in excellence, or in popularity. By Legislative Enact- 
ment no lawyer can be admitted to the bar in the State of New York without 
passing a Regents' Examination in these subjects. 

3. The Dime Question BgoIcs, v^th full answers, notes, queries, etc. Paper,, 
pp. about 40. By A. P. Southwigk. Each 10 cts. 

Elementary Series. Advanced Series. 

3. Physiology. 1. Physics. 

4. Theory and Practice. 2. General Literature, 
6. U. S. History and Civil Gov't. 5. General History. 

10. Algebra. 7. Astronomy. 

13. American Literature. 8. Mythology. 

14. Grammar. 9. Rhetoric. 

15. Orthography and Et3THology. 11. Botany. 

18. Arithmetic. 12. Zoology. 

19. Physical and Political Geog. 16. Chemistry. 

20. Reading and Punctuation. 17. Geology. 

These 10 in one hook. Cloth., $1.00, These 10 in one hook. Cloth., $1.00, 
Extra Volume., 21. Temperance Physiology. 

The immense sale of the Regents' Questions in Arithmetic, Geography,. 
Grammar, and Spelling has led to frequent inquiry for the questions in the 
Advanced Examinations. As it is not permitted to reprint these, we have had 
prepared this series, by which the teacher need purchase books only on the 
subjects upon which special help is needed. Frequently a $1.50 book is 
bought for the sake of a few questions in a single study. Here, the studies 
may be taken up one at a time, a special advantage in New York, since appli- 
cants for State Certificates may now present themselves for examination in only 
part of the subjects, and receive partial Certificates to he exchanged for full Cer- 
tificates when all the branches have been passed. The same plan is very gener- 
ally pursued by county superintendents and commissioners who are encour- 
ing their teachers to prepare themselves for higher certificates. 

U. Quizzism. Quirks and Quibbles from Queer Quarters. Being a Melange 
of questions in Literature, Science, History, Biogi-aphy, Mythology, Philolo- 
gy, Geography, etc. By A. P. Southwigk. 16mo, pp. 55. 25 cts. Key, $1.00. 

A stimulus for home study, and invaluable for school or teachers '^ 
gatherings. 

5. New York State Examination Questions. Cloth, 16mo, pp. 256. 50 cts. 
This contains all the questions given at all the New York Examinations 

for State Certificates from the beginning. There are more questions and in 
greater variety than in any other collection. It does not give answers. 

6. The Cerninum School Question Book. By Asa L. Craig. Cloth, 12mo» 
pp. 340. $1.50. We can also furnish Shaw's National Question Book, pp. 351, 
Jl.50 : Still-vvell's Practical Question Book, pp. 400, $1.50 ; Brown's Common- 
School Examiner, pp. 371, $1.00; Thompson's Teacher's Examiner., pp. 378 
$1.50. Sherrill's Normal Question Book, pp. 460, $1.50. 

C. W. BAKDEEX, Publisher, Syracuse, I^, Y. 



THE SCHOOL BULLETIN PUBLICATIONS.- 



Helps in Teaching History. 

1. A Thousand Questions in American History. 16mo, cloth, pp. Ci?. 
Trice $1.00. 

This work has been prepared by an eminent teacher for use in his ov/n 
school— one of the largest in the State. It shovvS rare breadth of ^ie^v and 
-discrimination, dealing not merely with events but with causes, and with the 
:side-issues that have so much to do v/ith determining the destiny of a nation. 

2. Belps in Fixing the Facts of Anierican History. By Heis^ry C. Nok- 
THAM. 16mo,. cloth, pp. 298. Price $1.00. 

Here all facts are presented in groups. The L— exington. 
key- word to the Revolution, for instance, is I— ndependence. 
LIBERTY, as shown in the accompanying table B— urgoyne's Surrender, 
of Key-Words ; and in like manner the events of E— vacuation. 
the late civil war are kept chronologically dis- R— etribution. 
tinct by the key-v/ords SLAVES FREED. Chart T— reason. 
No. 1 indicates by stars the years in each decade Y— orktown. 
irom 1492 to 1780, in which the most remarliable events occured, while the 
<3olored chart No. 2 arranges the events in twelve groups. 

3. Topics and References in Amencan History, with numerous Searcli 
Questions. By Geo. A. Williajis. 16mo, leatherette, pp. 50. 50 cts. 

This is a book of immediate practical value to every teacher. The refer- 

■ences are largely to the lighter and more interesting illustrations of history, 

of a kind to arouse the thought of pupils by giving vi^id conceptions of the 

events narrated. By dividing these references among the members of a class, 

the history recitation may be made the most delightful of the day. 

h. Dime Question Books, No. 5, General Histomj, and No. 6, United States 
History and Civil Government, By Albert P. Southwick. IGmo, paper, pp. 
37, 32. 10 cts. each. 

5. Outlines and Questions in United States History. By C. B. Van Wie. 
16mo, paper, pp. 40, and folding Map. 15 cts. 

The outgrowth of four years' practical work in the school-room with 
map prepared by a pupil as a suggestive model. 

6. Tablet of American History, with Map of the United States on the 
^ack. By Rufus Blanchard. Heavy paper, mounted on rollers, 3J^ hy 5 
feet. Price, express paid, $3.00. 

The demand for a colored chart to hang upon the wall and thus catch 
the often-lifted eye of the pupil, has led to the preparation of this chart by 
an experienced author. The events of the four centuries are grouped in 
l)arallel belts of different colors, and upon the corners and sides are names 
of the States and Territories, with their etymology, etc., history of political 
parties, portraits of all the Presidents, Coats of Arras of all the States, etc. 
The map is engraved expressly for this chart by Rand & ]\IcXally, is colored 
both by States and by counties, and gives all the latest railroads, the new ar- 
rangement of time-lines, showing where the hour changes, etc. 

C. TV, BART>EEN^, Publisher, Syracuse, jST. Y. 



THE SCHOOL BVLLETIX FTJBLI CATIONS.- 



Music in tlie School Eoom. 

1. The Song Budget. A collections of Songs and Music for Educational 
Oatherings. By E. V. De Graff. Small 4to, paper, pp. 76. 15 cts. 

This book owes its popularity to two causes : 

(1) It gives a great deal for the money. 

(2) The songs are not only numerous (107), but they are the standard favor- 
ites of the last fifty years. 

This is why the book contains more music that will he used than any other 
book published. For in all other books that we know of, two-thirds of the 
tunes are written by the compilers, who are of course partial to their own 
productions. Sup't De Graff wrote no songs of his own, but gathered those 
which his long experience as a conductor of teachers' institutes had sho\Yn 
him to be the most generally familiar and pleasing. 

In fact, the success of this book has been due to the fact that only those 
songs were admitted that have proved to be universal favorites. This in- 
volved a large original outlay, as much as fifty dollars having been paid for 
the right to use a single song. But the best were taken, wherever they 
could be found and at whatever cost, and the result is a school singing-book 
of popularity unexampled. For instance, a single firm in Cleveland, Ohio^ 
J. R. Holcomb & Co., had purchased of us up to Feb. 15, 1888, no less than 
9730 copies, 4500 within the last six months, besides 2100 of the School Room 
Chorus. 

2. The School Boom Chorus. A* collection of Two Hundred Songs for 
Public and Private Schools, compiled by E. Y. De Graff. Small, 4to, boards, 
pp. 148. 35 cts. 

This is an enlarged edition of the Song Budget, with twice the number 
of songs. The plates of the last edition are so arranged that it is identical 
with the Song Budget as far as page 68, so that both books can be used to- 
gether. The Budget and Chorus are pai'ticularly adapted for Teachers' Asso- 
ciations and Institutes. At these prices every meeting of teachers can be sup- 
plied i^ith one or the other, while the fact that the tunes are standard 
favorites makes it easy for any audience to join in the singing at sight 

3. The Diadem of School Songs : containing Songs and Music for all 
grades of Schools, a new system of Instruction in the elements of Music, 
and a Manual of Directions for the use of Teachers. By Wm. Tillinghast. 
Small, 4to, boards, pp. 160. 50 cts. 

This book, of which Dr. French, the veteran institute-instructor was 
associate author, gives an exceedingly simple and practical system of in- 
struction, as well as a valuable collection of songs. 

h. Half a Hundred Songs, for the School-Room and Home. By Hattie 
S. Russell. 16mo, boards, pp. 103. 35 cts. 

These songs are all original, but without music. 

5. The School Vocalist ; containing a thorough system of elementary 
instruction in Vocal Music, with Practical Exercises, Songs, Hymns, Chants, 
&c., adapted to the use of Schools and Academies. By E. Locke, and S, 
NouRSE. Oblong, boards, pp. 160. Price 50 cts, 

6. The School Melodist. A Song Book for School and Home. By E, 
Locke and S. Nourse. Oblong, boards, pp. 160. Pi'ice 50 cts. 

7. The Song Life, for Sunday Schools, etc., illustrating in song the 
journey of Christiana and her children to the Celestial City. Small 4t» 
boards, pp. 176. Price 50 cts. 

Nos. 5, 6, and 7 are books that have had their day, but of which we have 
a few hundred copies of each on hand. These we will sell at 10 cts. each ; 
if to go by mail, 6 cts. each extra. They contain much good music. 

C. W, BARDEEN, Publisher, Syracuse, N, Y. 



THE SCHOOL BULLETIN PUBLICATIONS. 



Helps in Language Teaching. 

1. Normal Language Lessons : being the instruction in Grammar given 
at the Cortland State Normal School. By Prof. S. J. Sornberger. 16mo, 

Tjoards, pp. 81. 50 cts. 

Whatever text-book the teacher uses, or if he uses no text-book at all, 
he will find this manual of great assistance. Its classification is simple, its 
definitions are careful, its tabular analyses are complete, and Us reference by 
page to ail the best autJwrs makes it invaluable. 

2. Exercises in English Syntax. By A. G. Bugbee. 16mo, leatherette, 
pp. 87. 35 cts. 

This differs from other handbooks of sentences for class-drill in that it 
does not print wi'ong sentences to be corrected,— a practice now generally 
condemned, because incorrect forms should never be put before the child's 
eye,— but leaves blanks in the sentence to be filled by the pupil from a 
choice of expressions given, thus calling in the most effective way to right 
usage and its reasons. It is of especial assistance in preparation for Re- 
gents' examinations, which always include much work of this kind. Send 
for special circular with specimen sentences, and recommendations. 

3. The Regents'^ Questions in Grammar., from the beginning to June, 
1882. By Daniel J. Pratt, Assistant Secretary. 16mo, manilla, pp. 109. 
25 cts. 

This unequalled series of questions is recognized throughout the country 
as the best drill-book ever made, and the only satisfactory preparation for 
examination. 

An edition of these Questions, with complete answers, and references to the 
grammars of Brown, Murray, Greene, Clark, Kerl, Quackenbos, Weld & 
Quackenbos, Hart, Fowler, Swinton, Reed & Kellogg, and Whitney, will be 
sent post-paid to any address on receipt of One Dollar. It contains 198 
pages, and is handsomely bound in cloth. 

h. Dime Question Book No. Ih, Grammar. By Albert P. Southwick. 
16mo, paper, pp. 35. 10 cts. 

This is one of the best books in a deservedly popular series, giving full 
answers to every question, with notes, queries, etc. Conductor John Ken- 
nedy says: ''The bad question book fosters cram; the good one suggests 
study. Mr. Southwick's system is good. It is happy and nourishing. I 
hope you may seU a miUion of them." 

5. TJie Diacritical Speller. A practical course of exercises in Spelling 
and Pronunciation. By C. R. Bales. 8vo, boards, pp. 68. 50 cts. 

This work is novel even in a field so thoroughly worked as spelling. Its 
striking features are conciseness and simplicity. The pupil is not drilled 
upon what all pupils know, but only upon what most pupils fail in. The 
collections of words are made with great skill, and the pupil who uses this 
book is not likely to say Toosday or Reuler. The selection of test-words is 
particularly happy, and the exercises in sjiionyms will afl:"ord material for 
many a spare ten minutes.— California Teacher. 

6. An Aid to English Grammar; designed principally for Teachers. 
By Asher p. Starkweather. IGmo, boards, pp. 230. 75 cts. 

This is a grammar aid book on a wholly original plan. It is simply a 
collection of words which are used as tv/o or more parts of speech, with. 
illustrative sentences to show their correct use. — School Herald, Chicago, 

C, TV. BARI>EEN, Publisher, Syracuse, N. Y. 



THE SCHOOL BULLETIN PUBLICATIONS, 



Helps toward Correct Speech. 

1. Verbal Pitfalls : a manual of 1500 words commonly misused, includ- 
ing all those the use of which in any sense has been questioned by Dean 
Alvord, G. W. Moon, Fitzedward Hall, Archbishop Trench, Wm. C. Hodg- 
son, W. L. Blackley, G. F. Graham, Richard Grant White, M. Scheie de Vere, 
Wm. Mathews, ' ' Alfred Ayres, ' ' and many others. Arranged alphabetically, 
with 3000 references and quotations, and the ruling of the dictionaries. 
By C. W. Babdeen. 16mo, cloth, pp. 223. 75 cts. 

Perhaps the happiest feature of the book is its interesting form. Some 
hundreds of anecdotes have been gathered to illustrate the various pomts 
made. These have the advantage not only of making the work entertain- 
ing, but of fixing the point in the mind as a mere precept could not do. The 
type indicates at a glance whether the use of a word is (1) indefensible, (2) 
defensible but objectionable, or (3) thoroughly authorized. 

2. A System of Bhetoric, By C. W. Bardeen. 12mo, half leather, pp. 
813. $1.75. 

s. A Shorter Course in Bhetoric, By C. W. Bakdeen. 12mo, half leather, 
pp. 311. $1.00. 

4. Outlines of Sentence Making, By C. W. Babdeen. 12mo, cloth, pp. 
. 70 cts. 

5. Practical Phonics. A comprehensive study of Pronunciation, form- 
ing a complete guide to the study of elementary sounds of the English Lan- 
guage, and containing 3,000 words of difficult pronunciation, with diacriti- 
cal marks according to Webster's Dictionary. By E. V. De Graff. 16mo, 
cloth, pp. 108. 75 cts. 

The book before us is the latest, and in many respects the best, of the 
manuals prepared for this purpose. The directions for teaching elementary 
sounds are remarkably exphcit and simple, and the diacritical marks ore 
fuller than in any other book we know of, the obscure vowels bemg mai l^ecl, 
as well as the accented ones. This manual is not like others of the kind, a 
simple reference book. It is meant for careful study and drill, and is es- 
pecially adapted to class u^Q.—JSfew England Journal of Educa.ton, 

6. Pocket Pronunciation Book, containing the 3,000 words of difficult 
pronunciation, with diacritical marks according to Webster's Dictionary. 
By E. y. De Graff. 16mo, manilla, pp. 47. 15 cts. 

Every vowel that can possibly be mispronounced is guarded by danger 
signals which send one back to the phonic chart for instructions. We are 
glad to notice that the Professor is leading a campaign against the despoil- 
ers of the vowel u ; he cannot hold communion with an educated man whose 
third day in the week is " Toosd8LY.'"—Nort/iern Christian Advocate, 

7. Studies in Articulation : a study and drill-book in the Alphabetic Ele- 
ments of the English language. Fifth thousand. By J. H. Hoose. 16mo, 
cloth, pp. 70. 50 cts. 

This work not only analyzes each sound in the language, but gives as 
Illustrations hundreds of words commonly mispronounced. 

Dr. Hoose 's " Studies in Articulation " is the most useful manual of the 
kind that I know of. It should be a text-book in every Teachers' Institute. 
~A. J. Rickoff., formerly Sup't of Schools at Clevelan^d and at Yonkers. 

8. Hints on Teaching Orthoepy. By Chas. T. Pooler. 16mo, paper, pp. 
15. 10 cts. 

9. Question Book of Orthography, Orthoepy, and Etymology^ with Notes, 
Queries, etc. By Albert P. Southwick. 16mo, paper, pp. 40, 10 Jts. 

10. Question Book of Reading and Punctuation, with Notes, Queries, eta 
By Albert P. SotiTHwicK. 16mo, paper, pp, 38. 10 cts. 

€• W. BAKDEEN, Publisher, Syracuse, N. Y. 



TilE SCHOOL BULLETIN PUBLICATIOXS. 

Blackboard Material. 

No featm*e of the school-room is of more ^ital importance to the health 
of scholars and teachers than the Blackboard. If it he |?ray or greasy the 
amount of chalk used fills the air with dust, which produces catan-hal and 
bronchial difficulties, and yet makes so faint a mark that the children's eyes 
are permanently injured. Choice should be made among the following 
materials. 

1. Solid Slate. This is durable, but costs from 30 to 50 cts. a square foot, 
is noisy, not black enough in color, and unhealthful because there is com- 
monly used upon it the softest crayon. Where solid slate is already in, we 
recommend the Slate Pencil Crayon, as the only preventive of serious disease. 

But it is better to put either upon the plastered wall, or upon the 
wall covered with manilla paper, or upon wooden boards, one of the follow- 
ing preparations. 

2. Agalite Slating. This is the cheapest of all, may be sent by mail, and 
usually gives fair satisfaction. Price, iwst-pald, for box to cover 400 feet, 
one coat, SO.OO; 200 feet, $3.25; 100 feet, $1.75; 50 feet, $1.00. We furnish the 
Black Diamond or Silicate Slating at the same price, but it can be sent only 
by express. 

3. Slate Pencil Slating. This remarkable preparation does away alto- 
gether with chalk -dust, having sufficient grit to take a distinct mark from a 
slate-pencil. Soft crayon should never be used v.pon it, unless it is first rubbed 
dowQ to smoother surface. It is a pure alcohol slating, and therefore dur- 
able. Price per gallon, covering 600 ft., one coat, $10.00; quarts, $2.75; pints 
$1.50. 

. In many schools, the State Normal at Potsdam, for instance, ordi- 
nary slate-pencils have taken the place of crayon. In other schools hard 
crayon, like Alpha H, has been used. But after much experimenting we 
have now begun to manufacture expressly for this slating a new soapstone 
crayon 6 inches long, % inch wide, M inch thick, known as the Slate-Pencil 
Crayon, which gives a soft white mark, easily erased, and of course dustless, 
since the pencil is sawn out of solid soapstone. We warrant this to give sat- 
isf acti<3n ; in fact it is the best crayon made for solid slate boards. Price 50 
cts. per box of 50. 

h. Hornstone Slating. This is new, and altogether the best in the market, 
making a really stone surface which is yet absolutely black. There is no 
waste of chalk, even with soft crayon, while the Alpha H produces a beauti- 
fully clear mark. It contains no oil or grease, and grows harder with age. 
It is put on with a paint-brush, and adheres to any material, so that it may 
be put on walls, boards, paper, or any other smooth surf ace. Price $8.00 
per gallon, covering 200 feet with/ow7' coats. It is somewhat expensive, and 
must be put on with care; but when properly finished it is a delight to the eye. 

Andretvs' Dustless Erasers work well on any of the boards named. Price 
15 cts. each, $1.50 per dozen. Cheney's Dustless Erasers are more durable. 
Price 10 cts. each, $1.00 a dozen. The School Bulletin Erasers are made of 
the closest and best felt, and will outwear both the others. Price 15 cts. 
each, $1.50 a dozen. Specimen of any one of the three by mail for 15 cts. 
Alpha Crayon, M or H, 75 cts. a box. (13) 

C. W. BAKI>EEN, Publisher, Syracuse, N, Y. 



Ti:. ^M 



LIBRARY Oh UUN^jiMt:^^ 



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